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How long do you have to file a workers’ compensation claim?

On Behalf of | Jan 26, 2023 | Workers' Compensation Blog Post |

Workers’ compensation insurance provides injured employees access to fast compensation for medical bills and lost wages.

It eliminates the question of liability that could strip a worker of compensation and protects the employer from legal responsibility. However, there are rules for filing.

What is the time limit on a workers’ comp claim?

Virginia law states that an injured worker must report the accident, injury or illness to their employer as early as possible but within at least 30 days from the date of the incident. If the illness or injury is the consequence of long-term repetitive motion or exposure to something dangerous, they have 30 days from the date of a diagnosis from a healthcare professional to report it to the employer.

Failure to report in a timely manner may result in the insurance provider denying the claim.

How can you file a claim?

Typically, the employer files a claim for you after you report the accident and injury. However, you can file directly with the Virginia Workers’ Compensation Commission in person, online or by mail or fax.

What should you do to protect your rights to compensation?

Avoid waiting too long to file your claim, and if you need emergency medical care, alert the doctor at the facility that you suffered your injury on the job. They will make a note of it in the medical record of your visit. If your employer does not respond to your request, immediately contact the Commission.

Most workers’ comp claims go through the system quickly and without difficulty.