Protecting Your Right to Benefits in a Virginia Workers’ Compensation Claim: Filing Requirements Matter
When you are injured on the job, it is easy to assume that once benefits begin, everything has been handled properly. In Virginia, that assumption can lead to serious problems.
One of the most important—and often overlooked—requirements in a workers’ compensation case is that you must file your own claim with the Virginia Workers’ Compensation Commission. This step is separate from anything your employer or the insurance carrier may do on your behalf.
The Two-Year Deadline Is Strict
Under Virginia law, an injured worker generally has two years from the date of the accident to file a Claim for Benefits with the Commission.
This is not a flexible deadline. If you fail to file within that two-year window, you may lose your right to pursue wage loss benefits and future medical benefits related to your injury.
Even if:
- Your employer has reported the accident
- The insurance carrier is paying weekly checks
- Your medical treatment is being covered
None of those actions replace the requirement that you file a claim.
Do Not Rely on the Employer or Insurance Carrier
A common misconception is that the employer or insurance company has already “filed the claim.” In reality, they may have submitted reports or paperwork, but that is not the same as filing a formal Claim for Benefits on your behalf.
The responsibility ultimately falls on you.
Waiting and relying on others to handle the process can result in missing the filing deadline altogether—something that cannot be corrected after the fact.
Filing a Claim Is What Preserves Your Rights
Filing a Claim for Benefits is what formally places your case before the Virginia Workers’ Compensation Commission. It protects your ability to:
- Pursue ongoing wage loss benefits
- Address disputes if payments stop
- Ensure coverage for future medical care
- Add or clarify injuries related to the accident
Without a properly filed claim, your ability to enforce your rights is significantly limited.
Be Thorough When Listing Your Injuries
Another critical point is that each injured body part must be included in your claim.
Virginia law applies the same two-year limitation period not only to the accident itself, but also to the injuries you are claiming. If a body part is not listed within that timeframe, you may be barred from seeking benefits for that condition later.
For example, if you initially focus on a back injury but later realize your shoulder was also affected, failing to include that shoulder injury within the two-year period can prevent you from recovering benefits related to it.
What If You Are Near the Deadline?
If you are approaching the two-year mark and have not yet filed, it is important to act immediately.
At a minimum, you should complete and submit Part A of the Claim for Benefits form with the Virginia Workers’ Compensation Commission. This preserves your rights, even if you are not yet requesting a hearing or actively disputing any issues.
Filing early is always preferable, but filing before the deadline expires is critical.
Do Not Let a Technicality Undermine Your Case
Workers’ compensation claims in Virginia are governed by strict procedural rules. Missing a filing deadline is not a minor issue—it can determine whether you have a case at all.
Many injured workers only discover this requirement after benefits have stopped or a dispute arises, at which point it may be too late to correct the problem.
Speak With a Virginia Workers’ Compensation Attorney
If you have been injured at work and are unsure whether your claim has been properly filed, it is worth having your situation reviewed sooner rather than later.
The attorneys at Inman & Strickler P.L.C. have decades of experience representing injured workers across Virginia. They can help ensure your claim is filed correctly, your injuries are fully documented, and your rights are protected before critical deadlines pass.
Contact their office today to discuss your case and avoid preventable issues that could impact your benefits.