65.2-405 - Notice to be given. - Virginia Statutes

§ 65.2-405. Notice to be given.

A. Within sixty days after a diagnosis of an occupational disease is firstcommunicated to the employee, he, or someone in his behalf, shall givewritten notice thereof to the employer in accordance with § 65.2-600, but inno case shall the failure to give notice deprive the employee of his cause ofaction for an occupational disease, unless it be shown that such failureresulted in clear prejudice to the employer.

B. The statute of limitations provided under subdivision A 1 of § 65.2-406shall be tolled until the employer gives the employee notice in substantiallythe following form:

NOTICE TO EMPLOYEE

IN THE EVENT A DIAGNOSIS OF COAL MINERS' PNEUMOCONIOSIS (INCLUDING BLACKLUNG, SILICOSIS, PNEUMOCONIOSIS, COAL WORKERS' PNEUMOCONIOSIS, ROCK DUST,DUST, DUST ON YOUR LUNGS OR TERMS OF SIMILAR MEANING) IS COMMUNICATED TO YOU,YOU MAY HAVE A WORKERS' COMPENSATION CLAIM. HOWEVER, SUCH CLAIM MAY BE LOSTIF YOU DO NOT FILE IT WITH THE VIRGINIA WORKERS' COMPENSATION COMMISSIONWITHIN THE TIME LIMIT PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME LIMITAPPLIES TO YOUR CLAIM BY CONTACTING THE WORKERS' COMPENSATION COMMISSION.THE FACT THAT YOU ARE TOLD THAT YOU HAVE COAL MINERS' PNEUMOCONIOSIS WHICHHAS NOT REACHED THE COMPENSABLE LEVEL UNDER THE GUIDELINES OF THE WORKERS'COMPENSATION COMMISSION OR THAT YOU ARE STILL ABLE TO WORK OR ARE WORKINGDOES NOT STOP THE TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF YOUR DUTY TOFILE YOUR CLAIM WITH THE WORKERS' COMPENSATION COMMISSION.

Such notice shall also include the address and telephone number which theemployee may use to contact the Commission.

The employer shall post and keep posted, conspicuously, the above notice in,on, or about the mine operations in places usually frequented by employees.

C. The provisions of subsection B shall apply only to claims arising on orafter July 1, 1991.

(Code 1950, § 65-48; 1952, c. 205; 1958, c. 457; 1968, c. 660, § 65.1-51;1970, c. 470; 1972, c. 619; 1991, cc. 301, 355.)