What is the statute of limitations in my state for filing a workers' compensation claim?

In Virginia, the statute of limitations for filing a workers’ compensation claim is two years from the date of the accident or injury. This means that in order for a person to receive workers’ compensation benefits, they must file a claim within two years of the incident that caused the injury or illness. This two-year window is not extended for any reason, including if the worker is unaware of their rights or if they are unable to take legal action due to their condition. The Virginia Workers’ Compensation Act provides that a worker may file a claim for coverage even after the expiration of the two-year statute of limitations, although specific exceptions may apply. Generally, however, claims filed more than two years after the date of the accident or injury are rarely successful and are usually denied due to the time that has passed. If the workers’ compensation claim is denied or if the injured worker does not receive the benefits they are due, they may be able to file an appeal to have their claim reconsidered. The Virginia Workers’ Compensation Commission is responsible for hearing and deciding appeals. Appellants can file their appeal within 60 days of the denial or within two years of the date of the injury, whichever is later.

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What is the statute of limitations in my state for filing a workers' compensation claim?

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