The Virginia Workers’ Compensation Commission provides a Claim for Benefits form. The form has two sections: Part A and Part B. Part A asks for the information discussed above. Part B asks you to specify which benefits you are seeking.
Even if you are not seeking benefits at this time, we recommend completing Part A of the Claim for Benefits. Why? Because you protect your legal rights to benefits when you complete and file Part A of the Virginia workers comp claim form within the applicable statute of limitations. This is what’s known as an Assertion of Rights.
You do not have to use the commission’s Claim for Benefits form. If you write, sign, and file with the commission a letter that contains the details discussed above, the commission will consider that a valid workers’ comp claim.
We recommend contacting an attorney before filing your Virginia workers compensation claim. We’ve seen insurance companies use information provided on the claim for benefits form to fight claims.
For example, let’s say you are a construction worker who has to lift five heavy bags of concrete. On the third bag you feel a sharp pull and immediate pain. If you file a claim that states you hurt your back while “lifting bags.” the insurer will argue that you suffered a repetitive motion injury that should not be covered under the Virginia Workers’ Compensation Act. As your attorney we will take care of filing all workers compensation claims on your behalf so that you do not give the insurance company additional ammunition to dispute your claim.