What is the statute of limitations for workers comp in Virginia?

Written by our workers’ compensation lawyers in Virginia Beach

In Virginia, the statute of limitations for a workers’ compensation claim is normally two years from the date of the work-related injury. However, there are some exceptions and statutes of limitations can vary based on specific circumstances. If you are worried that your statute has expired, we recommend talking with one of our workers compensation lawyers in Virginia Beach so you have the correct information. Not knowing whether your case has a longer statute of limitations could cost you dearly.

For more than 15 years, the workers’ compensation lawyers at KRS Law have helped injured workers navigate the complex world of workers’ comp in Virginia Beach, Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads. We can help you too!!

Following is some information from the Virginia Workers’ Compensation Commission which you may find useful:

Is there a time limit on filing a claim?

The Workers’ Compensation Act provides a fixed time period in which you may file a Claim Form. If you do not file a claim within that time, you risk your right to future benefits.

A worker must file a claim for workers’ compensation benefits within two years of the date of accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work, and within five years of the date you were last exposed at work. If after returning to work you are again disabled, you must file a claim within two years of the date for which you were last paid compensation under an Award. There are some exceptions to the statute of limitations. If you have questions regarding those exceptions you should seek legal advice.

You still must file a claim with the Virginia Workers’ Compensation Commission if the employer/carrier has voluntarily paid you lost wages or medical benefits and no Award Order was entered by the Commission.

Dealing with a workplace injury can be overwhelming, and we’re here to help navigate the process.

If you need help and are searching for experienced workers’ compensation lawyers with proven results, please call us at (757) 432-2500 or send us an inquiry using our online form below.

KRS Law has workers’ comp lawyers serving Virginia Beach, Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.

Klein, Rowell & Shall, PLLC is a litigation-focused law firm in Virginia Beach serving Hampton Roads

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