How long do I have to file a claim for workers’ compensation benefits?

It is important to pay close attention to the amount of time you have to file a claim with the Virginia Workers’ Compensation Commission. Generally speaking, you must file a claim:

  • Within two years from the date of your injury from a workplace accident
  • Within two years from the date you were diagnosed with an occupational disease or within five years from the date of your “last injurious exposure” at work, whichever comes first
  • Within two years from the date of a loved one’s work-related death.

If you return to work and are disabled by a work-related injury again, then you have two years from the date you were last paid workers’ compensation benefits in which to file a claim.

However, in your case, an exception may apply that extends the filing time period. It is important to have your case reviewed by a lawyer as soon as possible to ensure that your claim is timely filed.