Workers' comp claim denied in Virginia: what to do next

A denial only means the insurer will not pay voluntarily. Make sure your Claim Form is on file with the Commission, then send the Commission a written request for a hearing.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Virginia

Who decides

Virginia Workers' Compensation Commission: a deputy commissioner holds the hearing; the full Commission reviews

First step

A denial only means the insurer will not pay voluntarily. Make sure your Claim Form is on file with the Commission, then send the Commission a written request for a hearing. The Commission's Ombuds Department gives free, confidential help to people without a lawyer, and its Alternative Dispute Resolution (ADR) department offers free, voluntary mediation.

Form

Claim Form

Deadline

The Claim Form must be filed within 2 years after the accident. A request for review by the full Commission must be filed within 30 days after the deputy commissioner's decision.

Medical disagreements

If the employer or insurer does not answer your request for medical treatment, contact the Commission. You can ask for an expedited hearing on a request for medical care; the employer or insurer then has 7 calendar days to say whether it approves the care. Medical treatment and medical bills are common issues for free ADR mediation.

Appealing the decision

Review by the full Commission (request within 30 days of the decision); then appeal to the Court of Appeals of Virginia; then a petition to the Supreme Court of Virginia.

Source: notice of appeal within 30 days

File the Claim Form with the Commission (a written claim must be on file before you ask for a hearing after a denial).
Ask for a hearing in writing. If your benefits were stopped or treatment was denied and this causes severe hardship, you can ask for an expedited hearing.
Optional: ask the ADR department for free mediation (Issue Mediation) at any time.
A deputy commissioner holds the hearing (no fee) and issues a written decision (an Opinion).
If you disagree, ask the full Commission to review it within 30 days.
Then you can appeal to the Court of Appeals of Virginia within 30 days, and after that ask the Supreme Court of Virginia to hear the case.

Law: Va. Code §§ 65.2-601, 65.2-705, 65.2-706

Source: workcomp.virginia.gov

Sources

The official sources for Virginia are listed on the Virginia page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org