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In Virginia, an employee must file a claim with the Workers` Compensation Commission within two years from the date of the accident or any right to benefits may be lost. The employee must file a claim even if the employer filed reports with the Commission.
Claims for an occupational related disease must be filed within two years from the date the doctor tells the employee the disease is work related, or five years from the date the employee was last exposed to the work condition causing the disease, whichever is sooner.
If after returning to work, you are again disabled, you must file a claim within two years of the date for which you were last paid compensation under an award. (This is called a change in condition.) Payment only goes back 90 days from the date of filing with the Commission.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified workers' compensation lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local workers' compensation attorney to discuss your specific legal situation.