Program Eligibility
Admission into the Program is determined exclusively by the Virginia Workers’ Compensation Commission, based on criteria established in state law. Under the law, awards through the Program are exclusive—meaning that if an injury qualifies for coverage, the child and their family are not entitled to pursue compensation through a malpractice lawsuit. Instead, the child becomes eligible for a lifetime of benefits provided by the Virginia Birth-Related Neurological Injury Compensation Program.
To qualify, the following criteria must be met:
- The child was delivered by a participating doctor or hospital
- The child suffered a birth-related neurological injury as defined by Virginia law
- The injury resulted from oxygen deprivation or mechanical injury during labor, delivery, or the immediate post-delivery period
- The child is permanently motorically disabled and also developmentally or cognitively disabled
- The child requires assistance with all activities of daily living
Eligibility FAQ
The Virginia Workers’ Compensation Commission offers an eletronic petition form (Petition Form BR1). According to the Code of Virginia, all “applications” must be made by filing a petition for entry with the Commission. The requirements for the petition are listed in Virginia Code §38.2-5004.
Write in the petition exactly what is asked for in the electronic Virginia Workers’ Compensation Commission petition form.
Yes, there is a $15 filing fee required by law to be paid to the Virginia Workers’ Compensation Commission.
Yes. All available relevant medical records must be provided by the petitioner. As of July 1, 2026, the petitioner will only need to provide one copy of all needed records.
No, you are not required to use a lawyer to file a petition. If you will not be using a lawyer, put in your own contact information in the electronic petition (Virginia Workers’ Compensation Commission petition form BR1) under the name and address of the legal representative. Lawyers’ fees are paid out of the overall Program Fund when awarded by the Commission.
No, the 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. Legal Aid may also be available.
Yes, according to the state law (Virginia Code §38.2-5013), all petitions for entry must be filed within ten (10) years of the injured infant’s date of birth.
