IX. Statutes of Limitations There are several statutes of limitations within the Virginia Workers' Compensation Act. A.
B.
An initial claim for a disease must be filed within two years of the date of communication of an occupational disease or five years from the date of last injurious exposure, whichever is sooner. Some diseases carry special statutes of limitations, as outlined in Virginia Code Section 65.2-406.
C.
A claim for a change in condition application seeking lost wage benefits must be filed within two years from the date compensation was last paid pursuant to an award. Virginia Code Section 65.2-708. A claimant has 36 months from the last day for which compensation was paid pursuant to an award to file a claim for permanent partial or permanent total disability benefits or for certain disease claims. Additionally, if a claimant has a surgical procedure to repair or replace a prosthesis or orthosis, he has 24 months from the day of the procedure to file for additional compensation. However, if no compensation has been awarded for a claim, the claimant has 36 months from the date of accident to file a claim for permanent partial disability benefits. Virginia Code Section 65.2-708.
D.
A claim for resumed temporary total or temporary partial disability benefits after payment of PPD compensation, must be filed within one year of the date compensation was last due. Virginia Code Section 65.2-501. If the claimant can prove a change in condition, however, the change in condition statute will apply. This section is rarely applicable.
An initial claim for an injury must be filed within two years of the date of accident. Virginia Code Section 65.2-601.
