Statute of Limitation for Virginia Workers Comp Lawsuit for Work Injuries

If you’ve suffered workplace injury and need to file a Virginia Workers’ Comp lawsuit be aware of the statute of limitations. You need to file a claim with the Virginia Workers’ Compensation Commission within 2 years of the date your accident occurred. To ensure this deadline is met, promptly report your injury to your employer and contact Richmond attorneys to discuss your Workers’ Compensation report

Keep in mind that Workers’ Comp regulations require you to prove several things, such as the legitimacy of your injury and that it occurred during working hours, before you can collect benefits. 

You will also have to prove that your injury occurred within 2 years of your filing. You can count on insurance companies to monitor the statute of limitations in an effort to diminish your Workers’ Compensation report of your injury. 

Workers’ Comp Regulations: When the Check is No Longer in the Mail 

If the insurance company voluntarily sends payments for your workplace injury, do not assume that you can avoid filing a claim. There have been cases where the insurance provider continues payments for 2 years and then abruptly stops. At this time, the injured party realizes that he or she never filed a claim with the Virginia Workers’ Compensation Commission, and now it’s too late. 

There’s no way around it. Workers’ Comp regulations will prohibit you from collecting benefits if you didn’t know that you needed to file a Workers’ Comp lawsuit or claim. 

Additionally, if you file to receive benefits for permanent partial disability your deadline will be 3 years from the date you last received Workers’ Comp benefits in accordance with an award. 

You should also know that if your condition changes, you will need to file the appropriate documents with the Virginia Workers’ Compensation Commission within 2 years from the date you last received compensation pursuant to an award

For example, suppose you returned to work after suffering a burn injury. If you suffer a serious infection as a result of the initial burns, you may need more medical care and be forced to take additional time off from work. You must prepare a Workers’ Compensation report within the 2 years or risk jeopardizing your case. 

Workers’ Comp Lawsuit or Clam: When Your Condition Changes 

Consider this example. You met all Workers’ Comp regulations and you were paid benefits for lost wages in accordance with an award that ended Jan. 1, 2006. However, on Jan. 1, 2007 your doctor advised you to stop working for a year. You never notified the Virginia Workers’ Compensation Commission or gave your employer a Workers’ Compensation report, but the insurer paid you voluntarily. 

If you are forced to take time off from work again as of Jan. 1, 2008, the statute of limitations would have run out and you would not be entitled to benefits for lost wages. However, if you were granted an award order between January ’07 and January ’08, you would have until January ’10 before the statute of limitations would come to an end. 

Some Virginia statutes of limitations can be very confusing. For this reason, you should have an attorney review your Virginia workers’ comp lawsuit and claim. 

Serious workplace injuries can leave you sidelined for a significant amount of time. To preserve your legal rights, you need Richmond attorneys who understand Virginia laws and keep your best interests in mind. Rather than try to handle this kind of claim on your own, reach out to an attorney who can be your best advocate at this vulnerable time. 

Contact Richmond Attorneys about Your Work Related Injury Claim 

When you have difficulties with your work-related injury claim, a Virginia Workers’ Comp lawyer can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.

2016-10-30T13:43:10+00:00

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.