A. If an employer subject to this title, or an employer’s insurer, denies a covered employee‘s request for workers’ compensation benefits, the employer or the insurer, as applicable, shall include in its letter denying benefits a notice that the employee has a right to dispute the claim denial through the Virginia Workers’ Compensation Commission. Such notice shall include the following text:

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Terms Used In Virginia Code 65.2-601.3

  • Commission: means the Virginia Workers' Compensation Commission as well as its former designation as the Virginia Industrial Commission. See Virginia Code 65.2-101
  • Employee: means :

    1. See Virginia Code 65.2-101

  • Employer: includes (i) any person, the Commonwealth or any political subdivision thereof and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay and (ii) any volunteer fire company or volunteer emergency medical services agency electing to be included and maintaining coverage as an employer under this title. See Virginia Code 65.2-101
  • Injury: means only injury by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ Virginia Code 65.2-101
  • state agency: means the same as that term is defined in § Virginia Code 1-206

EMPLOYEE RIGHT TO DISPUTE DENIAL OF WORKERS’ COMPENSATION BENEFITS.

IF YOU DISAGREE WITH THIS DENIAL, YOU HAVE THE RIGHT TO DISPUTE THE DECISION BY FILING A REQUEST FOR A HEARING WITH THE VIRGINIA WORKERS’ COMPENSATION COMMISSION. IT IS YOUR RESPONSIBILITY TO DISPUTE THE DECISION AS SOON AS PRACTICABLE. THE WORKERS’ COMPENSATION COMMISSION IS A STATE AGENCY RESPONSIBLE FOR MAKING FINAL DECISIONS ON DISPUTED WORKERS’ COMPENSATION CLAIMS. HOWEVER, SUCH CLAIM MAY BE LOST IF YOU DO NOT FILE IT WITHIN THE TIME LIMIT PROVIDED BY LAW, WHICH IS TYPICALLY TWO YEARS AFTER THE INJURY.

Such notice shall also include the address, telephone number, and website through which the employee may contact the Virginia Workers’ Compensation Commission.

B. Failure to comply with the provisions of this section shall not be considered a failure to make a required report for the purposes of § 65.2-902.

2024, c. 584.

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