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Workers' Compensation Law

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How Long After An Injury Do I Have To Report It To My Employer?

Under any circumstances you should notify your employer of any work related injury as soon as possible. Any delay may result in a loss of workers` compensation benefits.

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.