• Injured at Work? What Now?

    If you have been injured in a workplace accident, here are several important steps you must take to get compensation for your injuries and lost wages.

    Learn More Request Free Consultation
  • Trouble With Your Workers Comp Claim?

    If you have questions about your claim or if your worker's compensation claim has been denied our attorneys can help.

    Learn More Request Free Consultation
  • What's Your Claim Worth?

    Not all work injuries claims are the same, some are worth more than others. We can help get you the most out of your claim.

    Learn More Request Free Consultation
  • Do You Need an Attorney?

    Not sure if you need an attorney? Call us today and speak with an attorney for free. We can help answer your questions and get you on the right track.

    Learn More Request Free Consultation

What Are the Time Limits for Making a Virginia Workers Compensation Claim?

What Are the  Virginia Workers Compensation Time Limits for Making a Claim?

 

Video Transcript

There are so many deadlines and exceptions in a workers comp claim that it is really hard to explain Virginia workers compensation time limits in a general way for this video.

The two most important deadlines are that you must notify your employer within 30 days of your injury and that you need to file your claim for benefits with the workers compensation commission within 2 years of the date of the accident.

Many times an employer will say, “You have to tell me within 24 hours that you’ve been injured on the job,” but the law says that you have to notify the employer within 30 days that you were injured on the job.

This is to give the employer an opportunity to investigate the claim, to look at the machine where you were hurt, ask other employees, “Did they see what happened?” So the employer is not prejudiced.

In reality, the ideal is to notify your supervisor immediately so there is no excuse to deny and/or delay your claim. But as long as you’ve done it within 30 days, you have met the legal time limit for giving notice and ultimately, at a hearing which could be months away, you will win on this issue.

The next important deadline is that you only have two years to file a claim for benefits with the workers comp insurance commission, which is the State agency that regulates workers compensation.

Many people think that notifying the insurance company and/or getting medical care that the insurance company is paying for and/or a weekly check from the insurance company means that they have done all that they need to do.

This is completely wrong and you must file a claim with the workers compensation Commission. Remember, the injured worker has the burden to prove everything about their work accident.

The insurance company and the employer can sit back and do nothing since they have no obligation to file a claim with the workers compensation Commission. Their horrible tactic is to voluntarily pay for everything until it becomes too expensive or the two years filing deadline has passed and then they drop you.

If this happens, you may have no recourse. So, always file a claim for benefits with the Commission to protect yourself.

For additional information about filing your workers compensation claim be sure to get our free book, https://www.injuredworkerslawfirm.com/ultimate-guide-to-workers-compensation-virginia/.

About the Author:

The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.