Injured Workers

Take the following actions:

  1. Report Your Work-Related Injury or Disease to Your Employer Immediately
    • Report your injury or occupational disease to your employer immediately but no later than 30 days from the date of injury, or 60 days from when a disease is communicated. Failure to do so could result in losing your right to receive workers’ compensation benefits.
  2. File a Claim Form
    • You must file a Claim Form with the Commission to protect your rights. It is important to know that notifying your employer is not the same as filing a claim with the Commission. It is your responsibility to file a Claim Form.
    • Generally, the Claim Form must be submitted to the Commission within two years from the date of injury or communication of an occupational disease. There are many exceptions to this timeframe.
    • Even if your employer or carrier has voluntarily paid you for lost wages or medical benefits, you must still file a claim with the Commission to protect your rights.
    • Once you file a Claim Form with the Commission, you are defined as a claimant. A Jurisdiction Claim Number (JCN) and a PIN is assigned to your claim, which gives you online access for claim updates through the Commission’s online portal, WebFile.

    How to File a Claim Form

    • In person: Hand deliver to any VWC office location. Anyone entering a Commission location may be required to present photo identification.
    • By mail: Virginia Workers’ Compensation Commission, 333 E. Franklin St., Richmond, VA 23219
    • By fax: 804-823-6956
    • By WebFile: Use the instructions in the WebFile Guide for Claimants to create a WebFile account and then file the Claim Form through the Commission’s online portal.
  3. Keep up with the claim status
    • The Commission’s online records system, WebFile, is the quickest way to securely view claim details, file items electronically, and update contact information.
    • Provide the Commission with your current mailing address and report any changes as they occur. Failure to do so may negatively affect the receipt of compensation benefits. For help updating your address on file, please contact the Commission at 877-664-2566.

Employers with more than two employees (full or part-time) must carry workers’ compensation insurance. This coverage may provide benefits to workers who are injured on the job or develop an occupational disease during their employment.

What is an “injury by accident” and “occupational disease”?

  • An injury by accident must:
    • Occur at work or during a work-related function
    • Be caused by a specific work activity
    • Happen at a reasonably definite time
  • An occupational disease must:
    • Be caused by work
    • Not be a disease of the back, neck, or spinal column
    • Be diagnosed by a doctor

Injuries incurred gradually or from repetitive trauma are not covered, although carpal tunnel syndrome, occupational hearing loss, and other diseases caused by repetitive trauma may be covered.

What is the time frame to file a claim?

The Workers' Compensation Act defines the time frame for filing a Claim Form. If you do not file a claim within that time, you may be risking your right to future benefits.

You must file a claim for workers' compensation benefits within two years of the date of your accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work.

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. There are some exceptions to the statute of limitations.

What are the types of workers' compensation benefits?

  • Medical Benefits
  • Wage Loss Replacement
  • Temporary Partial (TPD) and Temporary Total Disability (TTD) Income Benefits
  • Permanent Partial (PPD) and Permanent Total (PTD) Disability Income Benefits
  • Cost of Living Adjustments (COLA)
  • Vocational Rehabilitation
  • Death Benefits

Learn more about these benefits.

What if your claim is denied?

If your employer or their insurance carrier denies your claim or refuses to make certain payments, this does not mean that benefits are not payable. It only means that they refuse to pay your benefits voluntarily. If this happens, you may send a written request for a hearing to the Commission. The Commission makes the final decision whether your employer must pay for the injury or disease. The Commission does not charge a fee for hearings.

At such hearing, you must prove through testimony, witnesses, and medical reports that your injury or disease and disability were caused by the work. If you were released to light-duty work, then you must submit evidence that you have actively sought work. This includes seeking employment at the pre-injury employer, registering with the Virginia Employment Commission, and listing dates and places where applications for work were made.

You are entitled to have a lawyer at the hearing, though it is not required. The Commission does not assign attorneys. All parties can choose to hire their own attorney to represent them. If you are interested in having an attorney, you may contact the Virginia Lawyers' Referral Service by phone (800-552-7977) or email (lawyerreferral@vsb.org for assistance with selecting an attorney. There is a $35 fee, which includes 30 minutes with an attorney either by phone or in person.

All attorneys' fees for the injured worker are set and approved by the Commission. Attorneys' fees are then deducted from the amount awarded to the injured worker.

An attorney may ask for reimbursement for items they had to pay while preparing for the hearing. The attorney can ask the Commission to order that this amount be paid by the injured worker even if the injured worker does not win at the hearing.

The Commission works as a court system, administering the workers’ compensation laws of the Commonwealth of Virginia. The Commission is not an advocate for injured workers and does not pay benefits on workers’ compensation claims. Insurance carriers pay workers' compensation benefits.

The Commission:

  • Informs all parties of their rights and responsibilities under the Virginia Workers’ Compensation Act
  • Clarifies details with filing a claim and the hearing process
  • Offers Alternative Dispute Resolution (ADR) as a different path to resolve benefit disagreements
  • Provides resources and information about workers’ compensation

What Services Does the Commission Offer?

  • Alternative Dispute Resolution (ADR) — Confidential mediation services which assist in identifying issues, clarifying misunderstandings, and exploring solutions together. These services are free and are not required.
  • Clerk’s Office — Assists with claim-related documents, general hearing information, and Commission policies and procedures. The Clerk’s Office is located at the Richmond Headquarters and is available to all parties. This service is available from 8:15 a.m. – 5:00 p.m., Monday – Friday.
  • HQ and Regional Offices — Any party can visit the Commission’s headquarters or regional office locations to file a Claim Form or receive information on various Commission forms and processes. Hearings and mediations also occur at both headquarters and regional offices, as well as additional mediation locations across the Commonwealth.
  • Customer Contact Center — Assists with general questions. This service is available from 8:30 a.m. – 4:45 p.m., Monday – Friday at 877-664-2566 or questions@workcomp.virginia.gov.
  • Ombudsman Services — Provides impartial education for unrepresented parties. Learn more about Ombudsman Services.
  • Within ten days after the employer learns of an employee’s workplace injury or death, the employer or its insurance carrier must report it to the Commission using an approved method, such as an electronic or written submission.
  • Once your employer files the First Report of Injury (FROI), you will receive a notification in the mail from the Commission.
  • Your employer should provide you with a list of at least three medical providers from which to choose to receive treatment.
  • Your employer cannot prevent you from filing a claim or force you to say your injury did not happen while working.
  • Your employer cannot prevent you from filing a claim or force you to say your injury did not happen while working.
  • The Commission does not provide legal advice or legal representation to injured workers. An injured worker seeking legal representation or advice may contact the Virginia Lawyer Referral Service or call 800-552-7977.
  • If a workplace injury results in emergency medical treatment, inform the emergency care facility that the injury occurred at work.
  • Your employer should provide you with a list of at least three medical providers from which to choose to receive treatment.
  • The Commission does not schedule medical appointments. This is the responsibility of the injured worker.
  • Medical bills or benefits are paid by the employer’s insurance carrier, not by the Commission or employer.
  • Your doctor should not bill you directly. This is the responsibility of the employer’s insurance carrier.
  • If your employer or the insurer does not respond to your request for medical treatment, contact the Commission for assistance.
  • The insurer has 60 days from your employer’s knowledge of the claim to timely accept or deny your claim. You will be notified of the decision in writing. If your claim is denied, the insurer will send you a letter explaining why it was denied and what your appeal rights are. If you do not agree with the insurer’s decision about your claim, you have the right to appeal the decision.