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Virginia law requires that most employers carry workers' compensation insurance in order to cover their workers in the event of a work injury. Workers' compensation provides a tradeoff for both employers and employees. For the employer, it provides an exclusive remedy, shielding the employer from civil suit.
Rule 4.2 Medical Reports Each party shall promptly provide the other parties with copies of any medical records they receive as they receive them. Unless otherwise directed by the Commission or these Rules, the parties shall not file medical records with the Commission until a hearing request is filed.
How Long Does a Workers' Compensation Case Stay Open? Unless you opt to settle your claim on a full and final basis, your workers' compensation case remains open. When your case is open, you are entitled to “casually related medical treatment” for as long as necessary, which could last the course of your entire life.
A worker must file a claim for workers' compensation benefits within two years of the date of accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work.
If injured, you should (1) report your injury to your employer immediately; and (2) file a claim with the Commission no later than two years after the accident. You should take similar immediate action if you are diagnosed with a work-related disease.