SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2019 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-602 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-602. Tolling of statute of limitations.
In any case where an employer has received notice of an
accident resulting in compensable injury to an employee as required by §
65.2-600, and, whether or not an award has been entered, such
the employer nevertheless has paid compensation or wages to such
employee during incapacity for work, as defined in § 65.2-500 or §
65.2-502, resulting from such injury or the employer has failed to file the
report of said accident with the Virginia Workers' Compensation Commission as
required by § 65.2-900, and such conduct of the employer has operated to
prejudice the rights of such employee with respect to the filing of a claim
prior to expiration of a statute of limitations otherwise applicable, such
statute shall be tolled for the duration of such payment or, as the case may
be, until the employer files the first report of accident required by §
65.2-900 or otherwise has under a workers' compensation plan or
insurance policy furnished or caused to be furnished medical service to such
employee as required by § 65.2-603, the statute of limitations applicable to
the filing of a claim shall be tolled until the last day for which such payment
of compensation or wages or furnishment of medical services as described above
is provided and that occurs more than six months after the date of accident.
However, no such payment of wages or workers' compensation benefits or
furnishment of medical service as described above occurring after the
expiration of the statute of limitations shall apply to this provision. In the
case where the employer has failed to file a first report, the statute of
limitations shall be tolled during the duration thereof until the employer
filed the first report of accident as required by § 65.2-900. In the event that
more than one of the above tolling provisions applies, whichever of those
causes the longer period of tolling shall apply. For purposes of this
section, such rights of an employee shall be deemed not prejudiced if his
employer has filed the first report of accident as required by § 65.2-900 or he
has received after the accident a workers' compensation guide described in §
65.2-201 or a notice in substantially the following form:
NOTICE TO EMPLOYEE.
BECAUSE OF THE ACCIDENT OR INJURY YOU HAVE REPORTED, YOU
MAY HAVE A WORKERS' COMPENSATION CLAIM. HOWEVER, SUCH CLAIM MAY BE LOST IF YOU
DO NOT FILE IT WITH THE VIRGINIA WORKERS' COMPENSATION COMMISSION WITHIN THE
TIME LIMIT PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME LIMIT APPLIES TO YOUR
INJURY BY CONTACTING THE COMMISSION. THE FACT THAT YOUR EMPLOYER MAY BE
COVERING YOUR MEDICAL EXPENSES OR CONTINUING TO PAY YOUR SALARY OR WAGES DOES
NOT STOP THE TIME FROM RUNNING.
Such notice shall also include the address and telephone
number which the employee may use to contact the Commission.
2. That the provisions of this act shall apply with respect to any claim under the Virginia Workers' Compensation Act (§ 65.2-100 et seq. of the Code of Virginia) that arises with respect to an injury as defined in § 65.2-101 of the Code of Virginia occurring on or after July 1, 2019.