Why was my claim denied?

Common reasons include late notice to employer, disputes over whether the injury is work-related, pre-existing condition arguments, and missed deadlines [§ 65.2-601].

Can I appeal a denial?

Yes. Claim filed with the Virginia Workers' Compensation Commission; heard by a deputy commissioner [§ 65.2-700]. Review by the full Commission, then appeal to the Virginia Court of Appeals and Virginia Supreme Court.

How long does the appeal process take?

Timelines vary by case complexity and hearing office backlog. Appeals to higher courts can take longer.

Should I get an attorney for a denied claim?

Strongly recommended. Denied claims involve complex medical and legal issues, and an experienced attorney can navigate the dispute resolution process effectively.

Topic guideUpdated 2026-02-27

Denied Workers' Comp Claims in Virginia — Your Options

What to do when your Virginia workers' compensation claim is denied, including dispute resolution and appeals.

Having your workers' compensation claim denied does not mean you have no options. In Virginia, you have the right to challenge a denial §65.2-700.

Common Reasons for Denial

Claims are frequently denied for these reasons:

Late notice to employer (must be within 30 days from date of accident; employer must report to the Commission within 10 days) §65.2-600

Dispute over whether the injury is work-related

Pre-existing condition arguments

Missed medical appointments or non-compliance with treatment

Filing deadline expired (2 years from date of accident) §65.2-601

The Dispute Resolution Process

Claim filed with the Virginia Workers' Compensation Commission; heard by a deputy commissioner §65.2-700.

Appeals

Review by the full Commission, then appeal to the Virginia Court of Appeals and Virginia Supreme Court.

Independent Medical Examination (IME)

Employer or Commission may require employee to submit to an IME by a physician of its choosing §65.2-607. The IME results can significantly impact your claim.

⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.

✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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