What Should I Know About the Statute of Limitations in My Virginia Work Comp Case?
It is critical that an you file a claim with the Workers’ Compensation Commission within two years from the date of accident, or any right to benefits may be lost. This holds true even if your employer or doctor has already notified the Commission of your case, and even holds true if you have already been receiving workers’ compensation benefits.
Similarly, occupational disease claims must be filed within two years from the date a doctor tells the injured worker the disease is work related, or five years from the date the employee was last exposed to the work condition causing the disease, whichever is sooner (pneumoconiosis diseases have different statute of limitations periods).
If your case is dismissed without prejudice by the Commission (for non-appearance at a hearing, for example), it is very important that you timely appeal this finding, and file another Claim for Benefits form immediately.
If after returning to work, you are again disabled (what referred to as a “change in condition”), you must file a claim with the Virginia Workers’ Compensation Commission within two years of the date for which you were last paid compensation under an award. Payment only goes back ninety days from the date of filing with the Commission.
The attorneys for your employer’s insurance company hope you miss the filing dates, because this allows them to avoid paying any additional benefits. It is highly advisable that you take great care in adhering to all deadlines, and better yet, work with an experienced work comp attorney who will monitor the dates with you.
We’re Your Work Comp Experts
Have you been injured on the job or contracted an illness due to an unhealthy work environment? If so, then the Norfolk workers’ compensation attorneys at Kalfus & Nachman PC can help you file your lawsuit. There are several laws that can effect on the outcome of your case, so it’s extremely important to have a workers' comp lawyer on your side to assist you through the entire process. An attorney can help you with every aspect of your claim, including propounding and answering discovery, obtaining medical records, conducting settlement negotiations, representing you at depositions and hearings, and handling any necessary appeals.
Get help with your workers’ compensation lawsuit, as soon as you can after an injury at work! We specialize in workers’ compensation and help employees who have been injured within the State of Virginia. Contact us today by calling (855) 880-8163.