Virginia Code

Va. Code Ann. § 65.2-601 (2026)

Time for filing claim

✓ current as of May 2026

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The right to compensation under this title shall be forever barred, unless a claim be filed with the Commission within two years after the accident. Death benefits payable under this title shall be payable only if: (i) death results from the accident, (ii) a claim for benefits under this title has been filed within two years after the accident, and (iii) the claim for such death benefits is filed within two years from the date of death.

Code 1950, § 65-84; 1968, c. 660, § 65.1-87; 1975, c. 471; 1984, c. 231; 1991, c. 355.

Notes of Decisions

Cited in 129 cases (4 in the last 5 years), 1992–2024 · leading case: Corp. Resource Mgmt., Inc. v. Southers, 646 S.E.2d 10 (Va. Ct. App. 2007).

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Corp. Resource Mgmt., Inc. v. Southers, 646 S.E.2d 10 (Va. Ct. App. 2007). · cites it 64× “Relying on Code § 65.2-601's two-year statute of limitations, CRM claims the commission had no jurisdiction to award compensation for a neck injury because the only timely claim asserted by Southers identified her injury as a "contusion to the left shoulder.”

Wainwright v. Newport News Shipbuilding & Dry Dock Co., 650 S.E.2d 566 (Va. Ct. App. 2007). · cites it 17× “Claimant contends the commission erred in finding he abandoned his claim and in concluding the two-year statute of limitations contained in Code § 65.2-601 barred his claim. We agree with claimant and, therefore, reverse the commission’s judgment and remand this matter to the…”

Corp. Resource Mgmt. Inc. v. Southers, 655 S.E.2d 34 (Va. Ct. App. 2008). · cites it 20× “On appeal, CRM contends the commission erred in concluding claimant was entitled to workers' compensation benefits coverage for a neck injury where the injury manifested itself primarily as shoulder pain, CRM accepted a "shoulder" injury as compensable, and claimant did not file…”

Vital Link, Inc. & Argonaut Ins. Co. v. Denzil B. Hope, 814 S.E.2d 537 (Va. Ct. App. 2018). · cites it 8× “Accordingly, we have found that where a subsequent injury is a new injury to a different body part, the claimant may be required to file a new claim with the Commission to satisfy the requirements of Code § 65.2-601. See, e.g., Leonard, 218 Va.”

Keith v. Ball Metal Beverage Container Corp., 608 S.E.2d 501 (Va. Ct. App. 2005). · cites it 15× “The commission held the claim for benefits was barred by the statute of limitations, Code § 65.2-601, and not preserved by the tolling provision of Code § 65.”

Prince William Cnty. Sch. Bd. v. Rahim, 711 S.E.2d 241 (Va. Ct. App. 2011). · cites it 12× “Code § 65.2-601 provides, "[t]he right to compensation under this title shall be forever barred, unless a claim be filed with the Commission within two years after the accident.”

Tuck v. Goodyear Tire & Rubber Co., 623 S.E.2d 433 (Va. Ct. App. 2005). · cites it 6× “However, the deputy commissioner also found that all issues related to the 2001 claims were resolved by the MOA and that the 2003 *282 claims were barred by the two-year statute of limitations pursuant to Code § 65.2-601. Upon appeal, the commission affirmed the decision of the…”

Cochran Indus. VA & Bituminous Cas. Corp. v. Timothy M. Meadows, 755 S.E.2d 489 (Va. Ct. App. 2014). · cites it 20× “On appeal, appellant contends that the commission erred in: 1) accepting a filing seeking no relief as a viable, timely claim under Code § 65.2-601; and 2) utilizing the doctrine of imposition, created by its actions in contravention with the Act, to the detriment of appellant.”

Advance Auto & Indem. Ins. Co. of North Am. v. Brenda Lee Craft, 759 S.E.2d 17 (Va. Ct. App. 2014). · cites it 6× “Code § 65.2-601 requires a claim for benefits to be filed with the commission within two years of an employee’s work-related accident.”

Berglund Chevrolet, Inc. v. Landrum, 601 S.E.2d 693 (Va. Ct. App. 2004). · cites it 4× “Thus, “new and separate” claims that causally relate to the original accident, but not the original injury, must be filed within the original limitations period outlined in Code § 65.2-601, which requires filing “within two years after the accident.”

Prophet v. Bullock Corp., 718 S.E.2d 477 (Va. Ct. App. 2011). · cites it 10× “The question before this Court was whether Code § 65.2-601 barred a claim for a Viagra prescription to treat this sexual dysfunction.”

Lynchburg Foundry Co. v. McDaniel, 469 S.E.2d 85 (Va. Ct. App. 1996). · cites it 12× “Lynchburg Foundry Company and its insurer (employer) appeal, arguing that the claim was barred by the limitations period prescribed by Code § 65.2-601. We disagree and affirm the commission.”

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