How to File a Workers' Compensation Claim in Virginia
Reviewed by DocDraft Legal Team · Virginia · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In Virginia, the system is run by the Virginia Workers' Compensation Commission (VWC), which both administers benefits and decides contested claims. Two deadlines are critical. You must give your employer written notice of the injury within 30 days of the accident (Va. Code 65.2-600), and you must file a claim with the Commission within two years of the accident (Va. Code 65.2-601). That two-year filing deadline is strict and jurisdictional: file late and your right to compensation is forever barred. Unlike states where the employer supplies the claim form, in Virginia you file a Claim for Benefits (VWC Form #5) directly with the Commission, online through WebFile, by mail, by fax, or in person. The insurer then has 60 days from the employer's knowledge to accept or deny the claim, and if it is disputed you send the Commission a written request for a hearing. Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in Virginia?
First, report your injury to your employer in writing within 30 days of the accident (Va. Code 65.2-600). Then file a Claim for Benefits (VWC Form #5) directly with the Virginia Workers' Compensation Commission, online through WebFile, by mail, fax, or in person, within two years.
How long do I have to file a workers' compensation claim in Virginia?
Two deadlines matter. You must give your employer written notice within 30 days of the accident (Va. Code 65.2-600). Separately, you must file your Claim for Benefits with the Virginia Workers' Compensation Commission within two years of the accident (Va. Code 65.2-601). Missing either can bar your benefits.
What is the Claim for Benefits form in Virginia?
The Claim for Benefits (VWC Form #5) is the form you file to open your case. In Virginia, you file it directly with the Virginia Workers' Compensation Commission, not through your employer. You can submit it online through WebFile, by mail, by fax, or in person.
Who handles workers' compensation claims in Virginia?
Virginia's workers' compensation system is run by the Virginia Workers' Compensation Commission. Your employer's insurer decides your claim day to day and has 60 days from the employer's knowledge to accept or deny it. If a dispute arises, the Commission holds a hearing and makes the final decision.
Virginia workers' compensation claim law at a glance
In Virginia, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is run by the Virginia Workers' Compensation Commission (VWC), which both administers benefits and decides contested claims. You must give your employer written notice of the injury within 30 days of the accident (Va. Code 65.2-600). Unlike some states, in Virginia you must then file a Claim for Benefits (VWC Form #5) directly with the Commission, not through your employer. You have two years from the date of the accident to file that claim (Va. Code 65.2-601). That two-year deadline is strict and jurisdictional: file late and your right to compensation is forever barred.
Filing a Virginia workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Virginia warehouse. You tell your supervisor and, the same week, give written notice of the injury, staying well inside the 30-day reporting deadline (Va. Code 65.2-600). Because reporting to your employer does not by itself file a claim, you also complete a Claim for Benefits (VWC Form #5) and file it directly with the Virginia Workers' Compensation Commission through WebFile. The insurer starts paying for treatment but later disputes your wage-replacement benefits. Because you must file within two years of the accident (Va. Code 65.2-601), and that deadline is jurisdictional, you act early and send the Commission a written request for a hearing. Attorney review of your claim is available through DocDraft.
Relevant Laws
Va. Code 65.2-600 (30-day notice of accident to employer)
Requires the injured employee to give the employer written notice of the accident immediately or as soon as practicable, and provides that no compensation or medical benefit shall be payable unless written notice is given within 30 days after the occurrence of the accident. The notice must state the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury.
Va. Code 65.2-601 (two-year period to file the claim)
Provides that the right to compensation shall be forever barred unless a claim is filed with the Virginia Workers' Compensation Commission within two years after the accident. Virginia courts treat this period as jurisdictional, meaning the Commission has no power to hear a claim filed after it expires.
Va. Code 65.2-602 (tolling of the limitation period)
Allows the two-year filing period to be tolled in limited circumstances, such as where the employer's conduct or failure to file required reports operated to prejudice the employee's right to file a timely claim. These exceptions are narrowly applied and the burden is on the worker.
Virginia Workers' Compensation Commission, Injured Workers guidance
The Commission instructs injured workers to report the injury to their employer no later than 30 days from the date of injury, and states that the Claim Form must generally be submitted to the Commission within two years from the date of injury. It explains that reporting to the employer differs from filing a claim, and that the Commission makes the final decision on disputes.
Regional Variances
Virginia workers' compensation claim rules at a glance
Reporting deadline
30 days from the accident to give your employer written notice, under Va. Code 65.2-600. The notice must state your name and address, the time and place, and the nature and cause of the accident.
Claim form
The Claim for Benefits (VWC Form #5). In Virginia the worker files it directly with the Commission, online through WebFile, by mail, fax, or in person. The employer does not file it for you.
Filing deadline
Two years from the date of the accident to file the claim with the Commission (Va. Code 65.2-601). The deadline is strict and jurisdictional; file late and your right to compensation is forever barred.
Who administers it
The Virginia Workers' Compensation Commission (VWC), which both administers benefits and adjudicates disputes. There is no separate appeals board; disputes are decided by the Commission after a hearing.
How disputes are filed
By sending the Commission a written request for a hearing when the insurer denies, delays, or underpays the claim. The insurer has 60 days from the employer's knowledge to accept or deny.
Suggested Compliance Checklist
Report the injury to your employer in writing
Within 30 days of the accident days after startingGive your employer written notice of the injury within 30 days of the accident (Va. Code 65.2-600). The notice should state your name and address, the time and place, and the nature and cause of the accident. Reporting late can cost you benefits, so do it immediately and keep a dated copy.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment for your injury and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the insurer later disputes benefits.
File the Claim for Benefits with the Commission
As soon as possible after the injury days after startingComplete the Claim for Benefits (VWC Form #5), describing the accident and affected body parts, and file it directly with the Virginia Workers' Compensation Commission through WebFile, mail, fax, or in person. Keep a copy. Attorney review of your claim is available through DocDraft.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurer has 60 days from the employer's knowledge to accept or deny your claim. Calendar any deadline the insurer sets for information, keep proof of what you sent, and note the accident date so you protect the two-year filing window under Va. Code 65.2-601.
Protect the two-year filing deadline
Within two years of the accident days after startingMake sure your Claim for Benefits is filed with the Commission within two years of the accident (Va. Code 65.2-601). This deadline is jurisdictional; if you miss it, your right to compensation is forever barred. File early rather than relying on the insurer's voluntary payments.
Request a hearing if the claim is disputed
If the insurer denies or delays days after startingIf the claim is denied, delayed, or underpaid, send the Virginia Workers' Compensation Commission a written request for a hearing. The Commission makes the final decision on whether your employer must pay. Act well within the two-year window under Va. Code 65.2-601.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer in writing | Give your employer written notice of the injury within 30 days of the accident (Va. Code 65.2-600). The notice should state your name and address, the time and place, and the nature and cause of the accident. Reporting late can cost you benefits, so do it immediately and keep a dated copy. | - | Within 30 days of the accident |
| Get medical care and keep records | Seek treatment for your injury and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the insurer later disputes benefits. | - | Ongoing after the injury |
| File the Claim for Benefits with the Commission | Complete the Claim for Benefits (VWC Form #5), describing the accident and affected body parts, and file it directly with the Virginia Workers' Compensation Commission through WebFile, mail, fax, or in person. Keep a copy. Attorney review of your claim is available through DocDraft. | - | As soon as possible after the injury |
| Track the insurer's decision and deadlines | The insurer has 60 days from the employer's knowledge to accept or deny your claim. Calendar any deadline the insurer sets for information, keep proof of what you sent, and note the accident date so you protect the two-year filing window under Va. Code 65.2-601. | - | While the claim is pending |
| Protect the two-year filing deadline | Make sure your Claim for Benefits is filed with the Commission within two years of the accident (Va. Code 65.2-601). This deadline is jurisdictional; if you miss it, your right to compensation is forever barred. File early rather than relying on the insurer's voluntary payments. | - | Within two years of the accident |
| Request a hearing if the claim is disputed | If the claim is denied, delayed, or underpaid, send the Virginia Workers' Compensation Commission a written request for a hearing. The Commission makes the final decision on whether your employer must pay. Act well within the two-year window under Va. Code 65.2-601. | - | If the insurer denies or delays |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In Virginia, you open a claim by filing a Claim for Benefits with the Virginia Workers' Compensation Commission, which also decides disputes.
Reporting means giving your employer written notice of the injury, which you must do within 30 days of the accident (Va. Code 65.2-600). Filing the claim is the separate step of submitting a Claim for Benefits to the Virginia Workers' Compensation Commission. In Virginia, reporting alone does not file your claim.
You have 30 days from the accident to give your employer written notice (Va. Code 65.2-600). The Virginia Workers' Compensation Commission tells workers to report immediately but no later than 30 days from the date of injury. Reporting late can cost you benefits, so notify your employer promptly.
You have two years from the date of the accident to file your Claim for Benefits with the Virginia Workers' Compensation Commission (Va. Code 65.2-601). The statute says your right to compensation is forever barred unless a claim is filed within two years. For occupational disease, the period runs from communication of the disease.
Missing it is usually fatal to your claim. Va. Code 65.2-601 says the right to compensation is forever barred unless a claim is filed within two years of the accident, and Virginia treats that deadline as jurisdictional. Only narrow tolling exceptions under Va. Code 65.2-602 may apply, so file early.
The Virginia Workers' Compensation Commission resolves disputes. Day to day, your employer's insurer decides whether to accept or deny the claim, within 60 days of the employer's knowledge. If you disagree, you send the Commission a written request for a hearing, and it makes the final decision on benefits.
No. Virginia workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show your injury arose out of and in the course of your employment. In exchange, benefits are set by statute rather than a jury.
If the insurer denies or delays your claim, send the Virginia Workers' Compensation Commission a written request for a hearing, and the Commission makes the final decision. Be sure to file your underlying Claim for Benefits within two years of the accident (Va. Code 65.2-601). Attorney review of your case is available through DocDraft.
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