Filing a Workers' Comp Claim in Virginia
The deadlines to report a work injury and file a claim in Virginia, how to file, and how to appeal a denial.
Short answer: The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. Va. Code § 65.2-600; Virginia Workers' Compensation Commission, Injured Workers
| Deadline to report the injury | The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. No compensation or medical benefits are payable unless written notice is given within 30 days after the accident, unless the employee has a reasonable excuse and the employer was not prejudiced. The Commission says occupational diseases must be reported within 60 days of when the disease is communicated. |
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| Deadline to file a claim | 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. |
| How to file | Report the injury to your employer immediately (no later than 30 days). To protect your rights you must also file a Claim Form with the Virginia Workers' Compensation Commission, online through WebFile, by fax (804-823-6956), by mail (333 E. Franklin St., Richmond, VA 23219) or in person at a Commission office. If the employer or insurer denies the claim, you may send a written request for a hearing; the Commission does not charge for hearings. Questions: 877-664-2566. |
| 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 |
| Filing or checking a claim online | If your claim is denied or the employer/carrier won't pay, first talk to the insurance carrier or self-insured employer; if that doesn't resolve it, file a Claim Form (written request for a hearing) with the Virginia Workers' Compensation Commission, 333 E. Franklin St., Richmond, Virginia 23219. You generally must file within two years of the accident, and you still must file even if the employer/carrier has voluntarily paid wages or medical bills and no Award Order was entered. Commission Customer Contact Center: 877-664-2566, questions@workcomp.virginia.gov. |
Where to get help in Virginia
More Virginia workers' compensation
- How Much Workers' Comp Pays in Virginia
- Workers' Comp Settlements in Virginia
- Retaliation for Filing Workers' Comp in Virginia
- Suing Over a Work Injury in Virginia
- Appealing a Denied Workers' Comp Claim in Virginia
- All Virginia workers' compensation rules
FAQ
How long do you have to report a work injury in Virginia?
The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. No compensation or medical benefits are payable unless written notice is given within 30 days after the accident, unless the employee has a reasonable excuse and the employer was not prejudiced. The Commission says occupational diseases must be reported within 60 days of when the disease is communicated.
What is the deadline to file a workers' comp claim in Virginia?
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.
How do you file a workers' comp claim in Virginia?
Report the injury to your employer immediately (no later than 30 days). To protect your rights you must also file a Claim Form with the Virginia Workers' Compensation Commission, online through WebFile, by fax (804-823-6956), by mail (333 E. Franklin St., Richmond, VA 23219) or in person at a Commission office. If the employer or insurer denies the claim, you may send a written request for a hearing; the Commission does not charge for hearings. Questions: 877-664-2566.
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.
How do I file or check a workers' comp claim online in Virginia?
If your claim is denied or the employer/carrier won't pay, first talk to the insurance carrier or self-insured employer; if that doesn't resolve it, file a Claim Form (written request for a hearing) with the Virginia Workers' Compensation Commission, 333 E. Franklin St., Richmond, Virginia 23219. You generally must file within two years of the accident, and you still must file even if the employer/carrier has voluntarily paid wages or medical bills and no Award Order was entered. Commission Customer Contact Center: 877-664-2566, questions@workcomp.virginia.gov.
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.