New 30-Day Response Order for Workers' Compensation in Virginia

With a prestigious AV Preeminent rating from Martindale-Hubbell, Claire C. Carr is a Richmond, VA-based lawyer who serves as a partner of the Workers' Compensation department of Kalbaugh, Pfund & Messersmith, P.C. (KPM Law). In this role, Claire C. Carr leverages more than 30 years of legal experience to advise and defend insurance carriers and other clients against workers' compensation claims. A recent amendment to the Code of Virginia Title 65.2. Workers' Compensation added a new section numbered 65.2-601.2.

As of July 1, 2020, employers and insurance carriers in Virginia will have 30 days from a workers’ compensation claim’s filing date to determine whether or not it will be accepted or denied. In the event that a lack of information prevents either party from making a decision, they must inform the employee of this and ask for additional details within 30 days. Should the employers deny a claim, they are required to provide reasons for doing so.

The new law is only initiated once the employee files a claim with the Virginia Workers' Compensation Commission. This means that an employee must still inform their employer of their intention to file a claim, but the 30-day order won't be issued until it is. While the language in the statute does not mention third-party administrator, insurance carrier, or self-insurer responsibilities, section 65.2-902 states that these parties can receive fines for failing to submit any Commission-mandated reports pursuant to the Workers’ Compensation title. This infers that they can be subject to fines if a response to a 30 Day Order isn't submitted within 30 days.

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