Eligibility — Frequently Asked Questions

Is there an application form?

A petition form is now available from the Virginia Workers’ Compensation Commission. According to the Virginia Code, all “applications” must be made by filing a petition for entry with the Virginia Workers’ Compensation Commission. Requirements for the petition are listed in subsection 38.2-5004. A copy of the Code is available on this website.

What do I put in the petition?

Write in the petition exactly what is asked for in subsection 38.2-5004.

Is there a filing fee?

Yes there is a $15 filing fee required by law to be paid to the Virginia Workers’ Compensation Commission.

Do I have to provide medical records?

Yes. All available relevant medical records must be provided by the petitioner. The Virginia Workers Compensation Commission can tell you how many complete copies of the records are needed.

Do I need a lawyer to file a petition?

A lawyer is not required, however it is recommended. If the claimant is placed in the Birth-Injury Program, reasonable legal fees may be available.

Can the Birth-Injury Program provide referrals for lawyers?

No. The Birth-Injury Program does not recommend or endorse any specific lawyers. However you may want to contact the the Virginia Lawyer Referral Service operated by the Virginia State Bar. The number is 800-552-7977.

Is there time limit for filing a petition?

Yes. According to law, all petitions for entry must be filed prior to the claimant’s 10th birthday.

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