When you get hurt at work, your employer is supposed to notify the workers’ compensation carrier, and the carrier is then under a legal obligation to report the injury to the state agency that oversees workers compensation claims and disputes - the Virginia Workers Compensation Commission.
When the Commission becomes aware that you were hurt, they send you basic information regarding workers compensation and a Claim Form, with instructions on how to file the Claim Form (setting forth what benefits you are seeking, such as medical, permanent impairment, wage replacement benefits, mileage, etc.) together with at least some supporting medical documentation. The Claim Form needs to be filed with the Virginia Workers Compensation Commission by you; neither your employer nor the insurance carrier do it.
You can either mail the Claim Form or file it online with the Commission at www.workcomp.virginia.gov. The Commission’s website also has additional helpful information, and an online records system (Webfile) that you can use to securely view your claim details, file the Claim Form, and other documents.
The Claim Form must be filed with the Commission within two years from the date of injury or communication of an occupational disease. However, there are several exceptions to this time frame. If you have missed the two year deadline, contact us. We can help determine if there is a way around the two year deadline in your case.
This article is general information about Virginia workers' compensation and is not legal advice. Every case is different, so please contact us to discuss your individual situation.