Workers’ Comp Time Limits in Virginia

How Much Time Do I Have to File for Workers’ Compensation in Virginia?

There are strict time limits that apply to filing for workers’ compensation in Virginia. These time limits are called statutes of limitation. Depending on the type of claim you’re filing and the injury or occupational disease alleged, several Virginia workers compensation statutes of limitations may apply to your case.

One of the most difficult parts of my job as a Virginia workers compensation lawyer  is turning down an injured employee’s case because he or she waited too long to file a claim for benefits and missed the statute of limitations. No matter how severe your injuries, you will likely be barred from receiving wage loss benefits, medical treatment, and even a workers’ compensation settlement if you do not file your work injury claim within the applicable deadline.

Statute of Limitations for Initial Claims for Benefits (Your First Claim)

Under Virginia workers’ compensation you have two years from the date of your work accident to file a claim and allege disability. You do not have to ask for a hearing or prove disability within the two-year period, but you must file a claim and have evidence of some disability within the limitations period. This is known as an assertion of rights.