When you get hurt at work in Virginia, the clock starts right away. You may be in pain, worried about your job, and unsure what to do next. Time limits for workers’ compensation are strict. If you miss them, you can lose your right to medical care and wage payments, even if your injury is clear and your boss knows about it. This deadline is called a statute of limitations. It controls how long you have to file a legal claim with the Virginia Workers’ Compensation Commission. You cannot rely on your employer or the insurance company to protect your rights. You must act. This guide explains how long you have, what can shorten or extend that time, and what steps you should take now. You will see plain answers and next moves so you can protect yourself and your family and learn more.
Key Deadlines for Workers’ Comp Claims in Virginia
You face three main time limits in Virginia workers’ compensation claims. Each one matters. Missing any one can cost you your benefits.
| Type of Deadline | What It Covers | Time Limit | Who You Must Notify or File With |
|---|---|---|---|
| Notice to Employer | Reporting your work injury or job illness | Within 30 days of the injury or when you learn it is work related | Your supervisor, manager, or employer |
| Claim Filing Deadline | Filing a formal claim for benefits | Within 2 years of the date of accident or diagnosis | Virginia Workers’ Compensation Commission |
| Change in Condition | Seeking more wage loss or medical benefits after an award | Within 2 years of the last compensation payment | Virginia Workers’ Compensation Commission |
You can read these rules directly on the Virginia Workers’ Compensation Commission site at https://www.workcomp.virginia.gov/content/faq-claims.
Step One: Tell Your Employer Right Away
You must report your injury to your employer within 30 days. Sooner is safer. Short, clear notice is enough. You can say what happened, where, when, and what body part hurts.
You should:
- Report the injury in writing if you can
- Use your job’s incident form if there is one
- Keep a copy or photo of what you submit
You might feel scared about upsetting your boss. You might hope the pain will fade. Waiting puts your claim at risk. If you miss the 30 day notice window, the insurance company can use that against you.
Step Two: File a Claim With the Commission
Telling your employer is not enough. You must file a claim with the Virginia Workers’ Compensation Commission within 2 years of the accident date or of learning your illness is work related.
You file by sending a Claim for Benefits form to the Commission. You can:
- File online through the Commission’s WebFile system
- Mail or hand deliver the form
- Call the Commission for help with the form
You can find forms and instructions at https://www.workcomp.virginia.gov/content/claims.
The 2 year deadline is strict. The Commission can dismiss claims that arrive even one day late. Do not wait for the insurance company to “take care of it.” Protect yourself by filing early.
See also: Decoding The Fine Print: A Guide To Successful Contract Negotiation
What If Your Injury Shows Up Later?
Some harm is sudden. You fall from a ladder or lift a box and feel a sharp pain. Other harm builds over time. Your hearing fades. Your breathing worsens. Your joints hurt from repeat strain.
For a sudden accident, the 2 years starts on the date of the accident. For an illness or disease from work, the time usually starts on the date a doctor tells you that your condition is related to your job.
You should still report symptoms to your employer as soon as you suspect a link to your work. You should then ask the doctor to put that connection in writing.
How Medical Treatment Affects Deadlines
Medical treatment does not stop the 2 year clock for filing the first claim. Even if the insurance company pays some bills at first, you still must file a formal claim with the Commission on time.
After you have an award order and you receive wage loss payments, you get another key deadline. If your condition gets worse later, you may file for more wage loss or related benefits. You must file that change in condition claim within 2 years of the last compensation payment under the award.
You should keep a record of:
- The date of every workers’ comp check
- The date of your last payment
- Any letter that says payments have stopped
Common Mistakes That Cost Workers Their Claims
Many workers miss out on benefits because of simple timing mistakes. You can avoid these traps.
- Waiting to see if the pain improves before telling your employer
- Thinking that a verbal report to a supervisor is enough protection
- Assuming that an insurance claim form is the same as a Commission claim
- Trusting that the adjuster will “handle everything” for you
- Ignoring letters from the Commission or the insurer
You should treat every deadline as urgent. You should keep your own calendar and notes. You should ask questions when you are unsure.
Simple Timeline Example
Here is a plain example that shows how the clock can work.
- You hurt your back lifting at work on March 1, 2026
- You must report the injury to your employer by March 31, 2026
- You must file your Claim for Benefits with the Commission by March 1, 2028
- You receive wage loss benefits from May 1, 2026 through August 1, 2026
- You later need more time off in 2029 because your back worsens
- You must file a change in condition claim by August 1, 2028
If you miss the March 1, 2028 claim filing date, your case can end, even if your back still hurts. If you miss the August 1, 2028 change in condition date, you may lose the chance for more wage loss payments.
What You Should Do Today
If you got hurt at work or believe your job caused your illness, you should take three steps now.
- Report the injury to your employer in writing
- See a doctor and explain how the injury happened at work
- File a Claim for Benefits with the Virginia Workers’ Compensation Commission
You should keep copies of every form, letter, and medical note. You should mark your calendar with each key date. You should ask for help if you feel confused or pressured.
Time limits in Virginia workers’ compensation law are strict. They can feel harsh. Acting early gives you control. It protects your health, your paycheck, and your family’s stability.
