Participant Resources
The Resources section provides convenient access to the tools and information participants, families, and caregivers use most often. Whether you’re looking for forms, the claimant portal, or program policies, you’ll find key resources gathered in one place. Our goal is to make it easier to access the information you need and navigate the Program with confidence.
To file a claim, please visit our claimant portal
File a ClaimProgram FAQs
The Interim Policies will apply until they are replaced by regulations or final policies. The Program will be going through the process as required by law to update the current regulations. In addition, the FAC will help work to develop other policies that are needed to help meet participants’ needs.
The Interim Policies were developed in 2026 by the Program in consultation with the Family Advisory Committee (FAC). The FAC is made up of nearly 20 members who have a participant in the Program. The FAC provided input during a series of five meetings between April and June 2026.
The Interim Policies:
- Describe the Program’s benefits including new and increased benefits to align all benefits with new state laws (HB1007) going into effect July 1, 2026
- Explain how participants can get services such as medical and nursing care, motor vehicle and housing assistance, and disability support payments
- Cover how to get supplies, medication, and durable medical equipment
- Remove “any policy, rule, or guideline that extinguishes, limits, caps, or unreasonably delays payment of benefits to admitted claimants…”.
- Override any contradicting information in the regulations and handbook, effective July 1, 2026.
Starting July 1, 2026, benefits are changing. Whether your family is new to the Program or you have been participating for years, there are expanded and new services along with different and less restrictive requirements. In general, all benefits must be medically necessary and reasonable.
The benefits include items such as:
- Health insurance premium coverage
- Medical and hospital care
- Nursing and custodial care
- Medication, supplies, and durable medical equipment
- Therapies
- Vehicles equipped to accommodate persons with disabilities
- Housing assistance
- Disability support payments
Please reach out to your Case Specialist to talk about your individual situation. Please see our Interim Policies for all of the benefits that will be in effect starting July 1, 2026.
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.
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.
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.
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.
Yes, there is a $15 filing fee required by law to be paid to the Virginia Workers’ Compensation Commission.
Write in the petition exactly what is asked for in the electronic Virginia Workers’ Compensation Commission petition form.
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.
The Program will be starting the process to change the Virginia Birth-Related Neurological Injury Compensation Program regulations in accordance with Virginia Administrative Process Act to align the regulations with the new laws (HB1007) in effect on July 1, 2026. Until the regulations are changed, the program will administer benefits according to the Interim Policies. If you would like to keep updated about the Program’s regulatory process and know when you can submit public comment, you can register with the Virginia Regulatory Town Hall.
Yes, members of the public may provide public comment at Board meetings during scheduled time on the agenda for public comment. Generally, speakers will be limited to three minutes for their public comments. The public may also submit written public comment in advance for the Board. For more information about providing public comment please contact Program Chief of Staff, Shelby Boughner at sboughner@vabirthinjury.com
All Board of Directors meetings are open to the public. Anyone can attend in-person meetings. We also provide a public virtual link for both in-person and electronic meetings. As of July 1, 2026, the Board will meet every month as required by Virginia law.
Meeting information including the date, time, location, and registration for virtual participation is posted in three electronic places:
- Our Program website
- The Commonwealth Calendar
- Virginia Regulatory Town Hall
We also post Board meeting information at our office at:
7501 Boulder View Drive, Suite 600, Richmond, Virginia 23225
The Board follows all meeting rules related to the Virginia Freedom of Information Act. There may be certain discussions (e.g., involving a specific participant that may include discussion of medical records) that are held in a closed session (Virginia Code §2.2-3711) according to Virginia state law. The Virginia Freedom of Information Advisory Council has more information about rules for meetings of public bodies such as the Program.
The Program regularly communicates with all families. We send out monthly newsletters by email. We have a monthly Bridge call where we discuss topics that families have asked about. For the Bridge calls, we often bring in subject matter experts and make these calls interactive with time for questions and answers. We also post announcements and other information our website. We post meeting minutes from our Family Advisory Committee meetings and Board of Directors meetings on our website. Our You Tube page has recordings of Bridge calls and other meetings.
Entry into the Program does not provide for any set amount of compensation. The Program pays for a wide variety of medically necessary and reasonable costs. There is no specific limit on the total of eligible lifetime benefits.
As of July 1, 2026, when an infant has suffered a birth-related neurological injury (defined in Virginia Code 38.2-5001) and dies shortly after birth, the family may be awarded up to $500,000 (Virginia Code §38.2-5009.1)
The Program reaches out and schedules an orientation meeting with all new families. Each participant is assigned a case specialist. They will help you with the onboarding process and serve as a resource for you and your family.
