Common Workers Compensation FAQs

Workers' Compensation FAQs

Who is eligible for workers’ compensation benefits in Virginia?

Any employee who suffers on-the-job injuries, illnesses or diseases may be eligible for workers’ compensation benefits.

What’s the first thing I should do if my Virginia workers’ compensation claim is denied?

In most cases, it’s best to speak with your employer’s insurance company to find out why your claim was denied.  In many situations, claims are denied due to a lack of medical records.  If that’s the case, providing the insurer with those records may resolve the issue.

Where do I file a Virginia workers’ compensation claim?

If your workers’ compensation claim is denied, you can send a written request for a hearing to:

Workers’ Compensation Commission
1000 DMV Drive
Richmond, Virginia 23220

How long do I have to file a Virginia workers’ compensation claim?

Virginia’s statute of limitations states that a claim for workers’ compensation benefits must be filed within two (2) years of the date of accident.

Can my employer terminate me if I file a workers’ compensation claim?

No.  Your employer cannot retaliate against you for filing a workers’ compensation claim.  If this happens, contact an experienced attorney immediately.

Will I be able to speak in person at a workers’ compensation hearing?

Yes.  Hearings before a deputy workers’ compensation commissioner are evidentiary – meaning that all parties and their witnesses can testify and be questioned under oath.

Should I hire a workers’ compensation lawyer or just do it on my own?

Although hiring a workers’ compensation lawyer is not required, employers and their insurance companies must be represented by legal counsel – which many leave you at a disadvantage.  It’s best to contact a workers’ compensation lawyer for a free consultation so that you can determine whether having representation makes sense for you.

How does the Virginia workers’ compensation judicial process work?

There are basically four levels to the Virginia workers’ compensation process, 1) an evidentiary or “on the record” hearing, 2) a full commission review, 3) appealing to the Virginia Court of Appeals, and 4) appealing to the Virginia Supreme Court.

Where can I find additional information about Virginia workers’ compensation?

The Virginia Department of Human Resource Management (DHRM) has additional information about workers’ compensation issues in Virginia.  Here is their contact information and some helpful links:

Department of Human Resource Management
101 N. 14th Street, 12th Floor
Richmond, VA 23219
(804) 225-2131