Retaliation for Filing Workers' Comp in Virginia
Whether an employer in Virginia can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: No employer may fire an employee solely because the employee intends to file or has filed a workers' compensation claim, or has testified or is about to testify in a proceeding (firing someone for a fraudulent claim is not a violation). Va. Code § 65.2-308
| Retaliation for filing | No employer may fire an employee solely because the employee intends to file or has filed a workers' compensation claim, or has testified or is about to testify in a proceeding (firing someone for a fraudulent claim is not a violation). The employee may sue in circuit court, which may order actual damages, attorney's fees, and rehiring or reinstatement with back pay plus interest. Source: Va. Code § 65.2-308 |
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| Appealing a denial | 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. Source: Va. Code §§ 65.2-705, 65.2-706 |
Where to get help in Virginia
More Virginia workers' compensation
- Filing a Workers' Comp Claim in Virginia
- How Much Workers' Comp Pays in Virginia
- Workers' Comp Settlements in Virginia
- Suing Over a Work Injury in Virginia
- Appealing a Denied Workers' Comp Claim in Virginia
- All Virginia workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Virginia?
No employer may fire an employee solely because the employee intends to file or has filed a workers' compensation claim, or has testified or is about to testify in a proceeding (firing someone for a fraudulent claim is not a violation). The employee may sue in circuit court, which may order actual damages, attorney's fees, and rehiring or reinstatement with back pay plus interest.
How do you appeal a denied workers' comp claim in Virginia?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.