There are many nuances to filing a Virginia workers’ compensation claim. Understanding the requirements, how to file, and the timeframes involved is critical to protecting your benefits. In this guide, we explain Virginia workers’ comp requirements, outline the steps to file a claim, and highlight common mistakes to avoid.
Virginia Workers’ Compensation Requirements
In order to qualify for a workers’ compensation claim in Virginia, you must be able to show that you were injured on the job. An employee may have a viable claim if the injury happened by accident while performing work duties.
Under Virginia law, an injury by accident must include all three of the following:
- An identifiable incident or sudden event.
- An obvious, sudden change in the body, such as a strain, tear, or break.
- A clear connection between the event and the injury.
Not sure if your workplace injury qualifies? Call HammondTownsend 888-580-9048 for a free case evaluation.
How to File a Virginia Workers’ Compensation Claim
It is generally the injured worker’s responsibility to file a workers’ compensation claim to the Virginia Workers’ Compensation Commission (“the Commission”). The worker should send a copy of the claim to the employer. Virginia law allows an employer to file a claim on behalf of an injured employee. Although this provision may seem counterintuitive, there is a good reason for it.
An injured worker may believe the worker has the right to sue the employer for large monetary damages in civil court. If the employer believes the Workers’ Compensation Act (with its relatively modest benefits) covers the injury, the employer will file a claim with the Commission with the goal of having the Commission decide the issue before the typically slower civil court proceeding is resolved. The Commission’s decision is binding on the civil court.
Required Documents and Filing Methods
The best way to file a claim is either by using the official form provided by the Commission or through a lawyer representing the injured worker.
Other documents submitted to the Commission may also qualify as a claim if they clearly include the necessary details.
You can file your claim with the Virginia Workers’ Compensation Commission:
- Online using the VWC WebFile system
- In-person at Commission offices around Virginia
- By postal mail
- By fax
If you are close to the filing deadline, avoid postal mail because it may not arrive in time.
What Is the Timeframe to File a Workers’ Compensation Claim in Virginia
There are two critical deadlines in Virginia workers’ comp law:
- 30 Days: You must notify your employer, specifically your supervisor and not just a coworker, of the workplace injury within 30 days of the accident.
- 2 Years: You must file your claim with the Virginia Workers’ Compensation Commission within 2 years of the accident date. This is required even if you are being paid lost wage benefits and your medical treatment is being paid. Many injured workers have lost their benefits because they failed to do so.
Failure to meet either deadline could make you ineligible for benefits. The filing date is the date your claim is received by the Commission or the date it is mailed by certified mail.
What Happens After Filing a Workers’ Comp Claim in Virginia
Once your claim is received, the Commission will assign a Jurisdiction Claim Number (JCN). This number is tied directly to your date of injury (DOI). Precise identification of your accident date is very important because the Commission relies on this information throughout the process.
FAQs About Filing a Virginia Workers’ Compensation Claim
You must file with the Virginia Workers’ Compensation Commission, either online via the WebFile portal, in person at a VA WCC Office, by fax, or by mail. Many workers benefit from working with an attorney to ensure the claim is filed correctly.
The injury must be an injury by accident that occurred at work, caused a sudden bodily change, and is directly connected to your job duties.
Failing to report your injury to your supervisor within 30 days or to the Virginia Workers’ Compensation Commission within 2 years could result in losing your right to workers’ comp benefits.
You must notify your employer within 30 days of the injury and file your claim with the Commission within 2 years.
Wrap Up: Filing A Workers’ Compensation Claim in Virginia
Filing a claim can be confusing, especially with the strict requirements and deadlines under Virginia law. If you are unsure whether your injury qualifies or need guidance on how to file, HammondTownsend is here to help. Call (888) 580-9048 today for a free consultation and protect your right to workers’ compensation benefits.