Virginia Workers Compensation Deadlines
Workers Compensation in Virginia has a legal time limitation for filing claims. In Virginia, the big time limitation is that when you have an accident you have two years from the time of the accident to file a claim with the Workers Compensation Commission.
As long as you are within the window of that two year period you can file a claim with the commission.
In some cases, we have clients who were injured back in 2011 or 2012, and now several years later they are trying to find a lawyer to help them with the case. In some cases, we can still revive the claim, but it all depends on the facts.
Here are a couple of scenarios:
If they told the employer or insurance company about the accident and they were paid wage loss benefits during that time, it may be possible to move the claim forward. In this instance, it is important that the employer or insurance company made statements to the effect that they were going to take care of everything and the injured worker relied on those statements instead of filing a claim. The statements need to be provable, if this is the case in some instances the two-year limitation can be extended. This is on a case by case basis and relies on the specific facts of the case. This is a very complex area of the law.
Another scenario is when the insurance company sends agreement forms and is paying benefits but the award order is never entered. In some of these scenarios, the two-year statute of limitations can also be extended.
If you believe your two-year window is over and you need help with your claim it is important that you contact a reputable lawyer. There may be options available to help you, but having sound legal advice in this complex situation is critical to a good outcome. There is no guarantee there is an option to move forward, but an attorney who specializes in workers compensation benefits would be your best option in that scenario.