Workplace accidents happen unexpectedly. While you might not be aware they’re about to happen, you can be aware of what to do once they occur. Here’s a list of some important rules that apply to workers’ compensation claims in Virginia.
Notice requirements
An injured worker must notify his employer about his accident within 30 days of its occurrence. That’s the legal rule. The commonsense rule, however, is don’t wait that long. The longer you wait to notify your employer of your accident, the greater the chances that the workers’ comp insurance company will deny your claim.
For occupational disease claims, you must give your employer notice within 60 days of the date the doctor tells you your condition is work related.
Filing requirements
The statute of limitations for Virginia workers’ compensation claims is two years. You must file a written claim for benefits with the Virginia Workers' Compensation Commission within this time frame or your right to compensation and medical benefits may expire. While there are exceptions to this rule, don’t be a thrill seeker—beat the clock with a timely filing.
The panel of physicians
Unless her claim for benefits is denied by the employer and its insurance carrier, the injured worker must select a treating physician from a list or panel of physicians if offered one by the employer or carrier. The panel must include at least three providers from three different medical practices.
Job search requirements
To be eligible for wage loss benefits for periods of time when they have light-duty restrictions, injured workers must conduct a well-documented job search consistent with their doctor’s recommendations. No job search—no wage loss money.