Is there an application form?
The Virginia Workers’ Compensation Commission now offers a petition form. According to the Virginia Code, all “applications” must be made by filing a petition for entry with the Commission. The requirements for the petition are listed in subsection 38.2-5004. A copy of the Code is available on this website.
What do I put in the petition?
Write in the petition exactly what is asked for in subsection 38.2-5004.
Is there a filing fee?
Yes, there is a $15 filing fee required by law to be paid to the Virginia Workers’ Compensation Commission.
Do I have to provide medical records?
Yes. All available relevant medical records must be provided by the petitioner. The Virginia Workers Compensation Commission can tell you how many complete copies of the records are needed.
Do I need a lawyer to file a petition?
A lawyer is not required; however, it is recommended. If the claimant is placed in the Birth-Injury Program, reasonable legal fees may be available.
Can the Birth-Injury Program provide referrals for lawyers?
No, the Birth-Injury Program does not recommend or endorse any specific lawyers. However, you may want to contact the Virginia Lawyer Referral Service operated by the Virginia State Bar. The number is (800) 552-7977.
Is there a time limit for filing a petition?
Yes, according to law, all petitions for entry must be filed prior to the claimant’s 10th birthday.
