Appealing a Denied Workers' Comp Claim in Virginia

A claim must be filed with the Virginia Workers' Compensation Commission within two years after the accident. A party may ask the full Commission to review a deputy commissioner's award by filing an application for review within 30 days after the award is issued (the other side then has 14 more days for its own application). A notice of appeal of the full Commission's award to the Court of Appeals must be filed with the Commission's clerk within 30 days from the date of the award.

A deputy commissioner's award can be reviewed by the full Commission if an application for review is made within 30 days after the award is issued. An appeal from the full Commission goes to the Court of Appeals of Virginia; the notice of appeal must be filed with the Commission's clerk within 30 days of the award. No appeal can be taken from one commissioner's decision until the full Commission has reviewed it.

The right to compensation is forever barred unless a claim is filed with the Virginia Workers' Compensation Commission within two years after the accident. Notifying the employer is not the same as filing a claim, and a claim must be filed even if the employer or insurer has paid voluntarily. For death benefits, a claim must have been filed within two years of the accident and the death claim within two years of the death. Most occupational disease claims must be filed within two years of being told the disease is work-related and within five years of the last exposure.