There are time limits for bringing your claim. Just because an employer pays you benefits is no guarantee that the employer will continue to do so. Your best course of action is to review your claim as soon as possible with an experienced Virginia worker’s compensation lawyer. He can advise you on the exact time limits and exactly which papers must be filed.
According to the Virginia Workers’ Compensation Commission’s website:
“To protect your rights under the Virginia Workers’ Compensation Act, you must file a claim with the Workers’ Compensation Commission (not just your employer) within two (2) years from the date of your accident unless the Commission has already entered an Award.
If you have received an Award for wage replacement benefits, but that Award ended, and you again become disabled and want additional wage replacement benefits, you must file a new claim for these additional benefits with the Commission within certain time deadlines.
You may lose your right to some or all of your additional benefits if you do not file your claim within the time deadlines. If you are not sure you have an Award or need additional information regarding the filing process please contact the Commission at 1-877-664-2566.
If you are claiming benefits for an occupational disease, you must file a claim with the Commission within two (2) years from when the doctor tells you that you have a work-related disease. Other time limits may apply.”
We often hear from new clients that “my employer filed my Claim for me.” We’re here to tell you there is no such thing. The Employer may file a First Report of Injury with the Commission, but that does not protect your rights at all and is not the same as you filing an appropriate claim.
Make Sure Your Worker’s Compensation Claim is Filed on Time.
There are time limits for filing your claim and giving your employer notice of an injury. If you fail to meet these tests, you may lose your right to benefits even if you are severely disabled. Attorney Joe Miller knows these time limits. He’ll work to make sure your case is filed promptly and correctly. He’ll also negotiate a fair settlement when possible or try your case when the employer is being unreasonable. He’s been helping injured workers for over 25 years. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com.
