Virginia Workers’ Compensation – Notice to Employer Requirement

Virginia state law does require that an employee or his/her representative give immediate notice of a workplace accident to the employer – in writing. There are some exceptions to the notice requirement, but the safest course is to give written notice.

  • Notice details: The notice should identify the employee, where and when the accident happened, how the accident happened, and why. The notice should also identify any injuries.
  • Notice date affects what bills and wages are paid: The employee won’t get medical bills paid or lost wage compensation for any time period before the notice was given unless the employee can show:
    • The employer or his/her agent knew of the accident.
    • The employee was prevented from giving the notice due to a physical incapacity, a mental incapacity, or third person fraud.
  • Must give prompt notice: If the employer doesn’t get notice of the accident or death (this is different from when a claim is filed) within 30 days of the accident or death, the employee may lose all of his/her rights unless there’s a valid reason for the delay and the employer hasn’t been prejudiced by the delay.
  • Notice defects and inaccuracies. The key is to give notice. That every i wasn’t dotted shouldn’t affect the claim unless it can be shown that the employer was hurt by the delay – and then only to the amount of the prejudice.

Speak with a Workers’ Compensation Lawyer in Norfolk Today

If you’ve been hurt on the job, you need to give proper notice to your employer and properly file your claim. Additionally, you need to properly present your medical and lost wage claim. Attorney Joe Miller at Joe Miller Law, Ltd., has over 25 years of experience helping employees like you and is prepared to provide you with the guidance and experienced representation you need for your workers’ comp claim. To learn more, call (888) 694-1671 today.