Virginia Code

Va. Code Ann. § 65.2-600 (2026)

Notice of accident

✓ current as of May 2026
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A. Every injured employee or his representative shall immediately on the occurrence of an accident or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident. If notice of accident is not given to any statutory employer, such statutory employer may be held responsible for initial and additional awards of compensation rendered by the Commission if (i) he shall have had at least sixty days' notice of the hearing to ascertain compensability of the accident, and (ii) the statutory employer was not prejudiced by lack of notice of the accident.

B. The notice shall state the name and address of the employee, the time and place of the accident, and the nature and cause of the accident and the injury.

C. The employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this title prior to the giving of such notice, unless it can be shown that the employer, his agent or representative had knowledge of the accident or that the party required to give notice had been prevented from giving notice by reason of physical or mental incapacity or the fraud or deceit of some third person.

D. No compensation or medical benefit shall be payable unless such written notice is given within thirty days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby.

E. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby and then only to such extent as the prejudice.

Code 1950, §§ 65-82, 65-83; 1968, c. 660, §§ 65.1-85, 65.1-86; 1991, c. 355; 1997, c. 288.

Notes of Decisions
Cited in 64 cases (4 in the last 5 years), 1993–2023 · leading case: Goodyear Tire & Rubber Co. v. Harris, 543 S.E.2d 619 (Va. Ct. App. 2001).
Goodyear Tire & Rubber Co. v. Harris, 543 S.E.2d 619 (Va. Ct. App. 2001). · cites it 6× “Harris, did not arise by accident but, rather, arose from a condition brought *165 on by non-compensable, cumulative trauma; and (2) Harris failed to give Goodyear proper notice of the accident as required by Code § 65.2-600. We disagree and affirm. BACKGROUND Under accepted…”
Uninsured Emp.'s FundvM.L.Edwards,J.Doyan etal, 531 S.E.2d 35 (Va. Ct. App. 2000). · cites it 44× “Code § 65.2-600 (formerly Code § 65.1-85) provides, in pertinent part: *818 A.”
Hall v. Winn-Dixie Stores, Inc., 589 S.E.2d 484 (Va. Ct. App. 2003). · cites it 6× “Under the statutory scheme, a claimant’s notification to an employer of an accident, Code § 65.2-600, triggers the filing of the Employer’s First Report under Code § 65.”
Solid Gold Corp. v. Wang, 441 S.E.2d 643 (Va. Ct. App. 1994). · cites it 18× “The appellants contend that (1) oral notice by Wang, the president of the corporation, to her husband, an employee of the corporation, does not constitute timely notice of injury pursuant to Code § 65.2-600, and (2) the insurer was not responsible for medical expenses incurred…”
Batal Builders, Inc. v. Hi-Tech Concrete, Inc., 444 S.E.2d 555 (Va. Ct. App. 1994). · cites it 21× “See Code § 65.2-600. In the alternative, Batal argues that if claimant is not barred from receiving compensation, Hi-Tech, claimant’s immediate statutory employer, should be liable for any award or should indemnify Batal.”
Newport News Shipbuilding & Dry Dock Co. v. Barnes, 526 S.E.2d 298 (Va. Ct. App. 2000). · cites it 8× “Notice Requirement of Code § 65.2-600 Newport News next contends that the commission erred in finding that Barnes gave the required notice of her injury.”
Meidan, Inc. & Tech. Ins. Co. v. Tina Leavell, 749 S.E.2d 201 (Va. Ct. App. 2013). · cites it 4× “Leavell’s Providing Notice op Her Injury to Employer In its third assignment of error, employer argues that the commission erred in finding that Leavell provided *444 adequate and timely notice of her injury—because she did not provide written notice of her injury within thirty…”
Uninsured Emp.'s Fund v. Wilson, 619 S.E.2d 476 (Va. Ct. App. 2005). · cites it 2× “1 This conceptual distinction also appears in specific provisions of the Act, like Code § 65.2-600(D), which provides that no “compensation or medical benefit” may be awarded if the employee does not file a timely claim.”
Massey Builders Supply Corp. v. Colgan, 553 S.E.2d 146 (Va. Ct. App. 2001). · cites it 2× “See Code §§ 65.2-600, 65.2-601. Commission Rule 1.”
Tuck v. Goodyear Tire & Rubber Co., 623 S.E.2d 433 (Va. Ct. App. 2005). “2-900 provides: "Within ten days after the occurrence of such injury or death, and knowledge of injuty as provided in § 65.2-600, a report of the injury or death shall be made and transmitted to the Commission by the employer, its representative or, in the case of an insured…”
Metl-Span 1, Ltd. v. Carter, 644 S.E.2d 101 (Va. Ct. App. 2007). · cites it 4× “As we explained in Hall , “Under the statutory scheme, a claimant’s notification to an employer of an accident, Code § 65.2-600, triggers the filing of the Employer’s First Report under Code § 65.”
Jeff Coal, Inc. v. Phillips, 430 S.E.2d 712 (Va. Ct. App. 1993). · cites it 2× “2-601); (2) Phillips failed to file a report of injury (Code § 65.2-600); (3) there is no causal relation between Phillips’ condition and his April 1989 injury; (4) Phillips suffered a new, independent injury and accident outside of his employment; and (5) Phillips was released…”
Va. Code Ann. § 65.2-600(A): 13 cases
Uninsured Emp.'s FundvM.L.Edwards,J.Doyan etal, 531 S.E.2d 35 (Va. Ct. App. 2000). “Code § 65.2-600 (formerly Code § 65.1-85) provides, in pertinent part: *818 A.”
Newport News Shipbuilding & Dry Dock Co. v. Barnes, 526 S.E.2d 298 (Va. Ct. App. 2000). “Notice Requirement of Code § 65.2-600 Newport News next contends that the commission erred in finding that Barnes gave the required notice of her injury.”
Solid Gold Corp. v. Wang, 441 S.E.2d 643 (Va. Ct. App. 1994). “The appellants contend that (1) oral notice by Wang, the president of the corporation, to her husband, an employee of the corporation, does not constitute timely notice of injury pursuant to Code § 65.2-600, and (2) the insurer was not responsible for medical expenses incurred…”
Va. Code Ann. § 65.2-600(B): 5 cases
Cooley v. Tyson Foods, Inc., 45 Va. Cir. 305 (Richmond County Cir. Ct. 1998).
Va. Code Ann. § 65.2-600(C): 2 cases
C. Richard Bogese Builder, Inc. v. Robertson, 440 S.E.2d 622 (Va. Ct. App. 1994).
Solid Gold Corp. v. Wang, 441 S.E.2d 643 (Va. Ct. App. 1994). “The appellants contend that (1) oral notice by Wang, the president of the corporation, to her husband, an employee of the corporation, does not constitute timely notice of injury pursuant to Code § 65.2-600, and (2) the insurer was not responsible for medical expenses incurred…”
Va. Code Ann. § 65.2-600(D): 19 cases
Goodyear Tire & Rubber Co. v. Harris, 543 S.E.2d 619 (Va. Ct. App. 2001). “Harris, did not arise by accident but, rather, arose from a condition brought *165 on by non-compensable, cumulative trauma; and (2) Harris failed to give Goodyear proper notice of the accident as required by Code § 65.2-600. We disagree and affirm. BACKGROUND Under accepted…”
Uninsured Emp.'s Fund v. Wilson, 619 S.E.2d 476 (Va. Ct. App. 2005). “1 This conceptual distinction also appears in specific provisions of the Act, like Code § 65.2-600(D), which provides that no “compensation or medical benefit” may be awarded if the employee does not file a timely claim.”
Uninsured Emp.'s FundvM.L.Edwards,J.Doyan etal, 531 S.E.2d 35 (Va. Ct. App. 2000). “Code § 65.2-600 (formerly Code § 65.1-85) provides, in pertinent part: *818 A.”
Batal Builders, Inc. v. Hi-Tech Concrete, Inc., 444 S.E.2d 555 (Va. Ct. App. 1994). “See Code § 65.2-600. In the alternative, Batal argues that if claimant is not barred from receiving compensation, Hi-Tech, claimant’s immediate statutory employer, should be liable for any award or should indemnify Batal.”
Meidan, Inc. & Tech. Ins. Co. v. Tina Leavell, 749 S.E.2d 201 (Va. Ct. App. 2013). “Leavell’s Providing Notice op Her Injury to Employer In its third assignment of error, employer argues that the commission erred in finding that Leavell provided *444 adequate and timely notice of her injury—because she did not provide written notice of her injury within thirty…”
Va. Code Ann. § 65.2-600(E): 5 cases
Goodyear Tire & Rubber Co. v. Harris, 543 S.E.2d 619 (Va. Ct. App. 2001). “Harris, did not arise by accident but, rather, arose from a condition brought *165 on by non-compensable, cumulative trauma; and (2) Harris failed to give Goodyear proper notice of the accident as required by Code § 65.2-600. We disagree and affirm. BACKGROUND Under accepted…”
Meidan, Inc. & Tech. Ins. Co. v. Tina Leavell, 749 S.E.2d 201 (Va. Ct. App. 2013). “Leavell’s Providing Notice op Her Injury to Employer In its third assignment of error, employer argues that the commission erred in finding that Leavell provided *444 adequate and timely notice of her injury—because she did not provide written notice of her injury within thirty…”
Newport News Shipbuilding & Dry Dock Co. v. Barnes, 526 S.E.2d 298 (Va. Ct. App. 2000). “Notice Requirement of Code § 65.2-600 Newport News next contends that the commission erred in finding that Barnes gave the required notice of her injury.”
Va. Code Ann. § 65.2-600(d): 3 cases
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