How Long Do I Have To File A Virignia Workers' Compensation Claim?
It is crucial to file your Workers' Compensation claims timely. Although there may be technical arguments to find a way to excue your delay, it is crucial not to have to rely on them. To file a claim, the appropriate form entitled "Claim For Benefits" must be filed with the Workers' Compensation Commission in Richmond, Viriginia. Often injured employees confuse this form with the "Employers'Accident Report which does eliminate your personal responsiblity to file a claim.
The deadlines to file a Workers' Compensation claim are:
- Accidental injury - Within two (2) years of the date of injury.
- Death due to Accidental Injury - Within two (2) years of the date of death
- Occupational Disease - Whichever comes first: within two (2) years of the date that the diagnosis of an occupational disease is first communicated to the employee or within five (5) years from the date of last industrial exposure.
- Death due to occupational disease - Same as Occupational Disease but within three (3) years of thedate of death
Frequently Asked Virginia Workers' Compensation Questions
- Is my injury covered under Virginia Worker's Compensation law?
- How long do I have to file a claim?
- How do I know if my claim was filed properly?
- Who are the people involved in a Virginia Workers' Compensation claim?
- Should I speak to the insurance company about my injury?
- What benefits are available to me under Virginia law?
- How does my attorney get paid?
- Can I be re-imbursed for my travel expenses?
- What are the payment rates for temporary total and permanent disability?
- What should I do when I am asked to see the insurance company's doctor?
- What if I am injured because of the negligence of someone other than my employer?