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PROTECTING YOUR RIGHT TO BENEFITS IN A WORKERS’ COMPENSATION CLAIM (THE FILING REQUIREMENTS)

If you are injured on the job, you should be aware that you must file a claim with the Virginia Workers’ Compensation Commission within two years of the date of your accident.  Do not accept the word of your employer or the worker’s compensation carrier that they have filed the necessary paperwork.  That does not mean they have filed the claim.  Even though your employer or the workers’ compensation insurance carrier is paying you benefits and paying for your medical treatment, that does not excuse your failure to file a claim within two years. 

If you are coming close to the end of two years since your workers’ compensation accident, you should file a Claim for Benefits with the Virginia Workers’ Compensation Commission.  You should, at the very least, fill out Part A on the Claim for Benefits form (located at http://www.vwc.state.va.us/portal/vwc-website) even if you do not request a hearing.  Be sure to include all body parts you injured at the time of the accident as there is also a two year statute of limitations to include each body part in your claim. 

Should you have any questions regarding the necessity of filing a claim, you should contact one of our experienced workers’ compensation attorneys.  We have been representing injured employees for over 35 years and have over 50 years of combined experience.