Virginia Workers’ Compensation Statute of Limitations
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In life, timing is everything. The same goes true for obtaining your workers’ compensation benefits in Virginia if you are injured in a work-related incident. Indeed, there are several deadlines – or statutes of limitations – that you need to be aware of so that you can obtain workers’ compensation benefits in Virginia.
, if you miss particular deadlines, then you may be forever barred from receiving benefits even if your workers’ compensation claim is clear and you are eligible for benefits. That is why you should be sure to immediately consult a seasoned Virginia workers’ compensation attorney after you are involved in a work-related accident, or if you discover that you have acquired disease as a result of your work environment.
The experts at The Injured Workers Law Firm can help. We focus our practice almost exclusively on Virginia workers’ compensation claims. Consider reaching out to us to learn more about what we can do to make your workers’ compensation claim easy. We worry about all of the relevant statutes of limitations so you don’t have to. Call us for more information or schedule a consultation today at 804-755-7755.
How Long To File a Workers’ Compensation Claim in Virginia?
The most important thing about supporting a claim for workers’ compensation benefits under Virginia’s law is to give proper notice within the proper timelines.
If you have a work-related injury, you must give notice ( ideally written) to your employer within 30 days of the injury. The written notice must include your name and address; the time, place, nature, and cause of the accident; and the type of injury. Be sure to save a copy of the written notice for your records.
In addition, you must file a claim with the Virginia Workers’ Compensation Commission (the entity that administers the Virginia Workers’ Compensation Act) within two years of the injury. This filing is important because you may lose your right to benefits forever if you fail to file this claim form with the Commission. Even if your employer is paying you lost wages and medical care, it is still important to file the claim to protect your rights. Also, you must file a claim with the Commission within two years of discovering you have an occupational disease.
One thing you have to keep in mind is that insurance companies are always looking for ways to avoid paying workers’ compensation benefits. That is why having an experienced, dedicated attorney working on your behalf is so important. The professionals at The Injured Workers Law Firm have your back. Click on this link from The Injured Workers Law Firm to learn more about ways in which insurance companies will try to deny your valid claim.
You may come across a situation in which your employer will demand that you inform them of a work-related injury within 24 hours. That is actually not the law. As noted above, you have followed Virginia workers’ compensation law if you inform your employer within 30 days of the injury.
Of course, it would be in your best interest to make sure that you tell your employer of an injury, and the facts surrounding it, as soon as possible. However, be careful if your employer is telling you something about workers’ compensation time limits that may or may not be true. The best way to protect yourself is to consult a Virginia workers’ compensation attorney.
Also, be sure to remember as noted above that you must file a claim, using a Virginia Workers’ Compensation Commission Claim Form form, within 2 years of your injury. Some people may believe that once the insurance company is involved and has received medical care, then there is nothing more to do. Not so. You still must file a claim with the Virginia Workers’ Compensation Commission.
For more detailed information about the workers’ compensation time limits in Virginia, please click on this link for a very informative video brought to you by The Injured Workers Law Firm.
Change in Condition Limits
There are situations in which your physical condition may change after the Virginia Workers’ Compensation Commission has entered an Award Order finding that you are eligible for a certain amount of disability compensation. In addition, it is also possible that your work status changes after the Award Order. In either case, you may need to change your disability compensation based on a change in your condition.
The way to obtain benefits based on your change in condition is to file a “change of condition” application with the Virginia Workers’ Compensation Commission.
There are strict limits with regard a change in condition. First, your change of condition claim must be specific. Second, it must request wage loss benefits within 2 years of the last day you received disability compensation pursuant to the Award Order, or within 3 years if you are seeking permanent partial disability benefits. Third, your change in condition application extends benefits back only 90 days before the date that you filed your change of condition claim.
In sum, given the strict rules surrounding the change in condition claims, it is recommended that you seek the services of a Virginia workers’ compensation attorney. The Injured Workers Law Firm understands Virginia’s law down to every nuance. Let us use our expertise to help you obtain the benefits you deserve, and to make sure that you meet all of the statutes of limitation that are involved with Virginia’s workers’ compensation law. Call today for more information at 804-755-7755.