Participant Families

We understand that navigating the admission process can feel complex, and this section is here to help guide you through it. Learn what to expect as you apply for the Birth Injury Program and how eligibility is determined. For more detailed criteria, please refer to the Eligibility page.

How to Participate

A petition to enter the Program may only be filed with the Virginia Workers’ Compensation Commission (Petition Form BR1). While legal representation is generally recommended and in many cases will be paid for by the Birth-Injury Program, it is not required.

Filing a WCC petition begins a process outlined below.

Review

A review of the case by a panel of expert physicians from one of three in-state medical schools

A review by the administrative side of the Birth-Injury Program

Hearing

A formal hearing is held before a judge with the Virginia Workers’ Compensation Commission (WCC).

Both parties may present evidence and testimony during this hearing.

Decision

The WCC judge issues a decision on the child’s eligibility for admission into the Program.

Appeals

Either party may appeal the decision.

The first appeal goes to the full Workers’ Compensation Commission.

Further appeals may be made to the Virginia Court of Appeals, and finally, to the Virginia Supreme Court.

Questions?

If you have questions about the process or next steps, we’re here to help. Visit our FAQ section for quick answers, or contact us directly for additional support.