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2018 SESSION
18104810DBe 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 or otherwise has 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 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 provision of medical service. 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 that 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, 2018.