Understanding the Workers Comp Statute of Limitations for Occupational Disease Claims in Virginia

Occupational disease and illness is a common phenomenon. The workplace environment or working conditions can expose a person to various risk factors resulting in disease. The work environment can also worsen preexisting health conditions like asthma, joint pain, lung disorders, etc. If you have developed a health condition or your preexisting health condition has deteriorated due to your current occupation, you should file a workers’ compensation claim.

Filing compensation claims for an occupational disease is complicated. The statute of limitations for filing the claim is also different from workplace injuries claim. Thus, it’s best to look for a workers compensation attorney near me before taking any action. 

The two most important dates for occupational diseases claim in Virginia are; the date when the disease was diagnosed and related to the occupation; and the date you were first communicated about the condition.

In this blog, we have discussed the statute of limitations for filing occupational disease claims in detail.

  • Suppose you have been diagnosed with coal workers’ pneumoconiosis. In that case, you should file a claim either within three years of your diagnosis or within five years of exposing yourself to the work environment.
  • In case you have developed byssinosis due to your working condition, you should file a claim within two years from the date you were first communicated about the disease or within seven years from the date of coming into contact with the condition for the last time.
  • If you have contracted asbestosis due to your working conditions, you should file a compensation claim within two of your diagnosis.
  • If the work environment has resulted in diseases like hearing loss or Carpal Tunnel Syndrome, you can file a claim within two years from your diagnosis date. Besides this, the time limit for filing a lawsuit in such cases is five years from the date of last exposure to the work condition.

 Apart from the above-mentioned occupational diseases, you can file a claim for other occupational diseases within two years of getting communicated about the diagnosis.

People who have retired are at higher risk of missing the time limit for filing a compensation claim. If you had to withdraw from your work due to symptoms caused by occupational disease, but you got diagnosed years later, you will not be able to file a claim for occupational disease benefits. While lawyers and lawmakers are trying to make fairer statute limitations rules for retirees, there is still a long way to go.

Since it’s difficult to determine the date of diagnosis and communication of occupational disease, you should rely on the best personal injury lawyer near me

Workers’ Compensation Statute of Limitations for Permanent and Total Incapacity benefits 

Workers who have suffered catastrophic injuries at the workplace are entitled to permanent and total disability benefits like wage loss replacement.

Under the Virginia Workers’ Compensation Law, catastrophic injuries are defined in many ways.

  • Injuries sustained at the workplace that causes loss of use of body parts,
  • Workplace injury that causes total incapacity or paralysis,
  • Traumatic brain injuries.

You can file a compensation claim for permanent and total disability within three years of receiving your last compensation.

Scroll to top