Learn how to file a workers’ compensation claim in Virginia, what information to gather, and why filing deadlines matter. This guide explains the process and the importance of keeping records and responding to requests.
Notify Your Employer About Your Injury
The first step is reporting your workplace injury to your employer as soon as possible. Under Virginia law, employees generally must notify their employer within 30 days of the accident.
Whenever possible, submit your report in writing and include details about when, where, and how the injury occurred.
Your employer is responsible for reporting qualifying workplace injuries to the Virginia Workers’ Compensation Commission. However, this employer report does not replace your responsibility to file your own claim.
Obtain Medical Treatment and Documentation
Seeking appropriate medical care is essential for your recovery and your workers’ compensation claim.
Virginia employers generally must provide a panel of at least three physicians from which injured employees can select an authorized treating doctor.
Tell your healthcare provider how the injury occurred and describe all symptoms related to the workplace accident.
Keep copies of medical records, treatment recommendations, work restrictions, and other documentation. These records may help establish that your injury is work-related and support your request for benefits.
Complete the Workers’ Compensation Claim Form
To formally protect your rights, you must file a Claim Form with the Virginia Workers’ Compensation Commission.
You can obtain the form through the Commission’s website and submit it online through WebFile, by mail, by fax, or in person.
Your submission should accurately identify your employer, provide information about your injury, and specify the benefits you are requesting when applicable.
Even if your employer or its insurance carrier is voluntarily paying benefits, filing your claim remains important.
Understand Virginia’s Filing Deadlines
For most workplace accidents, injured employees must file their workers’ compensation claim within two years of the injury.
Different deadlines and exceptions may apply to occupational diseases and certain other circumstances.
Missing the applicable deadline could prevent you from receiving benefits, regardless of the seriousness of your injury.
Filing promptly helps preserve your rights and reduces the risk of complications involving missing records or disputed information.
Monitor Your Claim and Respond to Requests
After submitting your claim, monitor its status and respond promptly to requests for additional information.
The Commission’s WebFile system allows claimants to review case information and manage documents electronically.
Your employer’s insurance company may request medical documentation or investigate the circumstances surrounding your injury.
If your claim is accepted, the appropriate agreements and Commission orders may be necessary to formally establish your entitlement to benefits. If your claim is disputed, you may need to request a hearing.
Get Experienced Legal Guidance
Filing a claim correctly can make a difference, particularly when an insurance company questions your injury, disputes medical treatment, or denies benefits.
At The Law Offices of Charles W. O’Donnell, P.C., we have dedicated more than 30 years to representing injured workers throughout Virginia.
Our experienced, bilingual team helps clients understand filing requirements, navigate disputes, and pursue the workers’ compensation benefits available under Virginia law.
Contact us today for a free consultation. There is no legal fee if your case is unsuccessful. Call 703-917-4115 to discuss your workers’ compensation claim.
