Virginia W/C Statue of Limitations?

[J.C.]

How did this happen to me? I did not know there was a two year statue of limitations to file a w/c claim. I thought my claim was filed by my employer. Never received anything from the commission and two years and 25 days later I get a call from the insurance carrier telling me that the will no longer pay benefits. I've been "filing"/reporting claims for many years for my employees for work related accidents thinking that the first report was going to the W/C commission and was the claim. The company policy I've been following for years was misleading and incorrect. Has anyone ever known someone who had their claim accepted after the statue of limitations? I did file a claim with the commission the day I received that call but fear that I've lost all rights to future benefits.

[Bad Boy Bad Boy]

Request a hearing, and prove your case. Medical bills, first injury report, PT visit reports, TTD checks, letters from employer, and their Insurance, all of which support your claim.

[J.C.]

Bad Boy Bad Boy Wrote:Request a hearing, and prove your case. Medical bills, first injury report, PT visit reports, TTD checks, letters from employer, and their Insurance, all of which support your claim.

I plan on a hearing but I'm having a hard time finding an attorney who wants to represent me. As soon as they hear no claim was filed before the statue of limitations expired they dont want to represent me. One attorney told me I would be better off representing myself. I've read alot of w/c case studies and can't find any that have won after the statue expired. I've never filed a w/c claim in my 34 years of working and it makes me sick seeing how complex and secretive this law is. This law is not for the working class employee, this law was made to protect employers and insurance companies.

[Bad Boy Bad Boy]

Look, it's not hard to represnt your self on this mater, if you have all the documents showing you were injured, and were given medical treatment. I do think it's a win / win then for you, and very easy to solve on your part.

[J.C.]

Bad Boy Bad Boy Wrote:Look, it's not hard to represnt your self on this mater, if you have all the documents showing you were injured, and were given medical treatment. I do think it's a win / win then for you, and very easy to solve on your part.

I have tons of documentation, every little thing from the past two years. Looking through everything is almost overwhelming but still my fear is that I didn't file a claim within the two year statue of limitations. I held on everyday to stay at work through all of this afraid that I would be replaced in my job if I went out. Looking back now I wish I did go out on medical leave. I was rear ended in a auto accident while working and have cervical and lumbar damaged disc. I have numbness in my arms and legs and cronic neck and back pain. My doctor said my condition would only get worse. The ic approached me twice within the last year to settle and I refused, thinking that my claim was filed and I was protected. Stupid me!!

[Bad Boy Bad Boy]

Employees who suffer on-the-job injuries and diseases may be eligible for benefits under the Virginia Workers' Compensation Act. If injured, you should (1) report your injury to your employer immediately; and (2) file a claim with the Commission no later than two years after the accident. You should take similar immediate action if you are diagnosed with a work-related disease.

Your employer is required to file a report of the accident or disease with the Commission within ten days. Once this occurs, you will receive additional information from the Commission, as well as a file number. You will also receive a "PIN" letter, which will allow you to have online access to your file. You can then file a claim with the Commission online.

If your employer fails to report the accident to the Commission, you should file a claim directly with the Commission to alert us of the accident and protect your rights. You may file the claim on paper or online. Please contact the Commission for assistance.

The carrier will then report the accident to the Commission in the proper format.

The way I have read your State Laws, it appears the Insurance nor the employer then filed your claim with the Commission. Once you show your proof, it is most likely the Commission will apply penalties to both the employer and their Insurance. The thing is, you must not delay this any longer, and file with the Commission for a hearing right away.

Virginia Workers' Compensation Commission
1000 DMV Drive
Richmond, VA 23220

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