Workers' comp deadlines in Virginia: tell your employer and file

Tell your employer in Virginia

Time limit

30 days

Counted from

The date of the accident (for an occupational disease, 60 days from the date a diagnosis is first communicated to you)

In writing?

Yes, in writing

If you are late

If written notice is not given within 30 days, no compensation or medical benefit is payable unless the Commission accepts a reasonable excuse and is satisfied the employer was not harmed by the delay. Benefits for the time before notice may be lost unless your employer already knew about the accident or you were prevented from giving notice by physical or mental incapacity or someone's fraud.

Illness that develops over time

For an occupational disease, give written notice within 60 days after a diagnosis is first communicated to you. Late notice does not end the claim unless the employer shows it was clearly harmed by the delay.

Report the injury to your employer immediately, in writing. The law requires written notice as soon as practicable and no later than 30 days after the accident. The notice should give your name and address, the time and place of the accident, and the nature and cause of the accident and the injury.

Law: Va. Code §§ 65.2-600, 65.2-405(A)

Source: workcomp.virginia.gov

File your claim in Virginia

Time limit

2 years

Counted from

The date of the accident

What to file

Claim Form, filed with the Virginia Workers' Compensation Commission (in person, by mail, by fax to 804-823-6956, or online through WebFile; not by e-mail). Telling your employer, or your employer's injury report, is not a claim.

Claim form

Claim Form

Who files it

You tell your employer in writing, and you file the Claim Form yourself with the Commission. After you file, you get a claim number (JCN) and a PIN for WebFile, where you can follow your claim online.

What your employer must do

Within 10 days after learning of a work injury or death, the employer or its insurance carrier must report it to the Commission (First Report of Injury). The Commission then mails you a notice of your rights. Your employer should give you a list (panel) of at least 3 doctors to choose from, and it cannot stop you from filing a claim.

When the insurer decides

The insurer has 60 days from your employer's knowledge of the claim to accept or deny it, in writing. If it accepts, it sends you an Award Agreement to sign; the Commission then enters an Award Order. If it denies, it sends a letter with the reasons and your appeal rights.

Illness that develops over time

For most occupational diseases, file within 2 years after a diagnosis is first communicated to you, or within 5 years after your last harmful exposure at work, whichever comes first. Different periods apply to some diseases (for example, coal miners' pneumoconiosis, byssinosis, asbestosis, HIV, and certain cancers).

You must file your own Claim Form with the Commission within 2 years after the accident. This is true even if your employer or its insurer is already paying you voluntarily. If you go back to work and become disabled again, file within 2 years of the last day you were paid under an award. Filings must be in English.

Law: Va. Code §§ 65.2-601, 65.2-406

Law: Va. Code §§ 65.2-600, 65.2-601, 65.2-603

Source: workcomp.virginia.gov

Waiting period and first payment in Virginia

Waiting period

No wage benefits are paid for the first 7 calendar days you cannot work. If you are still unable to work after that, benefits start on the 8th day. Medical care is paid from the start.

Paid back for the waiting days

If your incapacity lasts more than 3 weeks, you are paid from the first day.

First payment

If a payment is not made within 2 weeks after it is due, 20% is added to it, unless the Commission finds a good reason outside the employer's control.

Law: Va. Code §§ 65.2-509, 65.2-524

Source: law.lis.virginia.gov

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