Are there any time limits for filing a workers' compensation claim?

Yes, there are time limits for filing a workers’ compensation claim in the state of Virginia. An injured employee must file a Claim for Benefits, or notify their employer of the injury, within two years from the date of injury or last payment of benefits. If an employee is disabled due to an occupational disease, the claim must be filed within two years of the date the employee knew or should have known that their disability was related to their job. If an employee fails to file their claim within this time frame, they may potentially be denied benefits. An employee may also be required to file a written request for a hearing within five years of the last payment of benefits or the date that the employee knew or should have known of their disability, whichever is later. If the employee fails to make a timely request for a hearing, their claim may be dismissed. In addition, the Virginia Workers’ Compensation Act states that an employee must appeal a decision from the Virginia Workers’ Compensation Commission within 30 days of the date of the Commission’s order. If an employee fails to comply with this deadline, they may be barred from filing an appeal. It is important for injured employees in Virginia to remember that there are strict time limits for making a claim for workers’ compensation benefits. If an employee fails to meet these deadlines, they may be denied the benefits they are due. Therefore, it is important for an injured worker to contact an experienced workers’ compensation lawyer as soon as possible after their injury.

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