Hurt At Work
Workers' Compensation Act — written notice within thirty days, and a claim within two years
In Virginia, an injured employee gives the employer written notice of the accident immediately or as soon as practicable, stating the employee's name and address, the time and place, and the nature and cause of the accident and injury.
Thirty days for the notice, and two years for the claim. No compensation or medical benefit is payable unless written notice is given within thirty days after the accident, unless the Commission accepts a reasonable excuse and finds the employer was not prejudiced. The right to compensation is forever barred unless a claim is filed with the Commission within two years after the accident.
Compensation that accrued before notice is not owed unless the employer knew of the accident, or the employee was prevented from giving notice by incapacity or another's fraud. A defect in the notice bars nothing unless it prejudiced the employer.
Sources for this section (2)
- Va. Code 65.2-600 — Notice of accident
- Va. Code 65.2-601 — Time for filing claim
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.