65.2-602 - Tolling of statute of limitations. - Virginia Statutes

§ 65.2-602. Tolling of statute of limitations.

In any case where an employer has received notice of an accident resulting incompensable injury to an employee as required by § 65.2-600, and whether ornot an award has been entered, such employer nevertheless has paidcompensation or wages to such employee during incapacity for work as definedin § 65.2-500 or § 65.2-502, resulting from such injury or the employer hasfailed to file the report of said accident with the Virginia Workers'Compensation Commission as required by § 65.2-900, and such conduct of theemployer has operated to prejudice the rights of such employee with respectto the filing of a claim prior to expiration of a statute of limitationsotherwise applicable, such statute shall be tolled for the duration of suchpayment or, as the case may be, until the employer files the first report ofaccident required by § 65.2-900. For purposes of this section, such rightsof an employee shall be deemed not prejudiced if his employer has filed thefirst report of accident as required by § 65.2-900 or he has received afterthe accident a workers' compensation guide described in § 65.2-201 or anotice in substantially the following form: NOTICE TO EMPLOYEE.

BECAUSE OF THE ACCIDENT OR INJURY YOU HAVE REPORTED, YOU MAY HAVE A WORKERS'COMPENSATION CLAIM. HOWEVER, SUCH CLAIM MAY BE LOST IF YOU DO NOT FILE ITWITH THE VIRGINIA WORKERS' COMPENSATION COMMISSION WITHIN THE TIME LIMITPROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME LIMIT APPLIES TO YOUR INJURY BYCONTACTING THE COMMISSION. THE FACT THAT YOUR EMPLOYER MAY BE COVERING YOURMEDICAL EXPENSES OR CONTINUING TO PAY YOUR SALARY OR WAGES DOES NOT STOP THETIME FROM RUNNING.

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

(1984, c. 608, § 65.1-87.1; 1989, c. 539; 1991, cc. 216, 355.)