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Are There Time Limits for Filing a Virginia Worker’s Compensation Claim?

The answer is Yes. Most claimants file rather quickly because they need to get some of their lost wages paid and need to get assistance with their medical bills. Still, some people wait to file a claim until it’s too late. There are deadlines to file a claim called statutes of limitations. If you do not file your claim within the period set forth in the statute, you will lose your claim forever – even if you are still suffering from injuries or an illness. You should consult with a Norfolk workers’ compensation lawyer as soon you have an accident or as soon as you even suspect you have an illness so that you do not lose out on your right to pursue workers’ comp benefits. The statute of limitations for workers’ compensation claims in Virginia are as follows:

  • Accidents: With an accident it should be fairly easy to know when the claim period begins to run. The date of the accident is the date the clock starts running. Generally, you have to file your claim less than two years from the date of the accident (your lawyer will know if there are exceptions), or 24 months from the last date that you were actually paid workers’ compensation disability benefits.
  • Occupational diseases: It’s tougher to know when the clock starts running if you have an illness that is work-related because it’s tough to know exactly when the illness began. Generally, you have to file your claim within two years from the date a doctor tells you your illness is work-related or five years from the date your were last exposed to the work conditions that contributed to the disease (your lawyer will know if there are exceptions). The shorter of the two dates is always used.

Additional considerations:

  • Just because the employer is paying some of your bills doesn’t mean you’ve stopped the statute. An employer can stop paying the bills. A claim should be filed or a formal award should be entered within two years of the last date you were paid compensation benefits, or if no benefits were paid, within two years of the accident date.
  • Sometimes employees try to go back to work and they realize they still can’t work. The time limits in this type of matter are complicated and you should consult your lawyer immediately.

Contact a Norfolk Workers’ Comp Lawyer for Help Securing Benefits

Attorney Joe Miller has helped thousands of Virginia injury victims and can help you fight for the workers’ comp benefits you need. He knows what it takes to bring a strong case for the full and fair benefits you need, and is ready to help you fully understand the full range of legal options that are available to you at this time. If you or someone you love has suffered a work-related injury or illness, contact Norfolk workers’ compensation lawyer Joe Miller at Joe Miller Law, by calling (888) 694-1671 and let him get started fighting for you.

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If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.