{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-405.html"}],"law_id":81595,"edition_id":1,"section_id":81595,"structure_id":15578,"section_number":"65.2-405","catch_line":"Notice to be given","history":"Code 1950, \u00a7 65-48; 1952, c. 205; 1958, c. 457; 1968, c. 660, \u00a7 65.1-51; 1970, c. 470; 1972, c. 619; 1991, cc. 301, 355.","full_text":"A\n\nWithin sixty days after a diagnosis of an occupational disease is first communicated to the employee, he, or someone in his behalf, shall give written notice thereof to the employer in accordance with § 65.2-600, but in no case shall the failure to give notice deprive the employee of his cause of action for an occupational disease, unless it be shown that such failure resulted in clear prejudice to the employer.B\n\nThe statute of limitations provided under subdivision A 1 of § 65.2-406 shall be tolled until the employer gives the employee notice in substantially the following form:\n\t\t\tNOTICE TO EMPLOYEE\n\t\t\tIN THE EVENT A DIAGNOSIS OF COAL MINERS’ PNEUMOCONIOSIS (INCLUDING BLACK LUNG, 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 LOST IF YOU DO NOT FILE IT WITH THE VIRGINIA WORKERS’ COMPENSATION COMMISSION WITHIN THE TIME LIMIT PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME LIMIT APPLIES TO YOUR CLAIM BY CONTACTING THE WORKERS’ COMPENSATION COMMISSION. THE FACT THAT YOU ARE TOLD THAT YOU HAVE COAL MINERS’ PNEUMOCONIOSIS WHICH HAS NOT REACHED THE COMPENSABLE LEVEL UNDER THE GUIDELINES OF THE WORKERS’ COMPENSATION COMMISSION OR THAT YOU ARE STILL ABLE TO WORK OR ARE WORKING DOES NOT STOP THE TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF YOUR DUTY TO FILE YOUR CLAIM WITH THE WORKERS’ COMPENSATION COMMISSION.\n\t\t\tSuch notice shall also include the address and telephone number which the employee may use to contact the Commission.\n\t\t\tThe employer shall post and keep posted, conspicuously, the above notice in, on, or about the mine operations in places usually frequented by employees.C\n\nThe provisions of subsection B shall apply only to claims arising on or after July 1, 1991.","order_by":null,"text":{"0":{"id":292207,"text":"Within sixty days after a diagnosis of an occupational disease is first communicated to the employee, he, or someone in his behalf, shall give written notice thereof to the employer in accordance with § 65.2-600, but in no case shall the failure to give notice deprive the employee of his cause of action for an occupational disease, unless it be shown that such failure resulted in clear prejudice to the employer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292208,"text":"The statute of limitations provided under subdivision A 1 of § 65.2-406 shall be tolled until the employer gives the employee notice in substantially the following form:\n\t\t\tNOTICE TO EMPLOYEE\n\t\t\tIN THE EVENT A DIAGNOSIS OF COAL MINERS’ PNEUMOCONIOSIS (INCLUDING BLACK LUNG, 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 LOST IF YOU DO NOT FILE IT WITH THE VIRGINIA WORKERS’ COMPENSATION COMMISSION WITHIN THE TIME LIMIT PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME LIMIT APPLIES TO YOUR CLAIM BY CONTACTING THE WORKERS’ COMPENSATION COMMISSION. THE FACT THAT YOU ARE TOLD THAT YOU HAVE COAL MINERS’ PNEUMOCONIOSIS WHICH HAS NOT REACHED THE COMPENSABLE LEVEL UNDER THE GUIDELINES OF THE WORKERS’ COMPENSATION COMMISSION OR THAT YOU ARE STILL ABLE TO WORK OR ARE WORKING DOES NOT STOP THE TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF YOUR DUTY TO FILE YOUR CLAIM WITH THE WORKERS’ COMPENSATION COMMISSION.\n\t\t\tSuch notice shall also include the address and telephone number which the employee may use to contact the Commission.\n\t\t\tThe employer shall post and keep posted, conspicuously, the above notice in, on, or about the mine operations in places usually frequented by employees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292209,"text":"The provisions of subsection B shall apply only to claims arising on or after July 1, 1991.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15578,"edition_id":1,"name":"Occupational Diseases","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:56:30","date_modified":"2026-06-26 03:56:30","permalink":{"id":276355,"object_type":"structure","relational_id":15578,"identifier":"4","token":"65.2\/4","url":"\/65.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77071,"structure_id":15578,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","url":"\/65.2-400\/","token":"65.2\/4\/65.2-400","metadata":false},{"id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","metadata":false},{"id":59437,"structure_id":15578,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","url":"\/65.2-402\/","token":"65.2\/4\/65.2-402","metadata":false},{"id":85102,"structure_id":15578,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","url":"\/65.2-402.1\/","token":"65.2\/4\/65.2-402.1","metadata":false},{"id":70626,"structure_id":15578,"section_number":"65.2-403","catch_line":"Provisions in respect to injury by accident, etc., applicable to occupational disease","url":"\/65.2-403\/","token":"65.2\/4\/65.2-403","metadata":false},{"id":79901,"structure_id":15578,"section_number":"65.2-404","catch_line":"What employer and carrier liability","url":"\/65.2-404\/","token":"65.2\/4\/65.2-404","metadata":false},{"id":81595,"structure_id":15578,"section_number":"65.2-405","catch_line":"Notice to be given","url":"\/65.2-405\/","token":"65.2\/4\/65.2-405","metadata":false},{"id":76142,"structure_id":15578,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","url":"\/65.2-406\/","token":"65.2\/4\/65.2-406","metadata":false},{"id":67647,"structure_id":15578,"section_number":"65.2-407","catch_line":"Waiver","url":"\/65.2-407\/","token":"65.2\/4\/65.2-407","metadata":false}],"previous_section":{"id":79901,"structure_id":15578,"section_number":"65.2-404","catch_line":"What employer and carrier liability","url":"\/65.2-404\/","token":"65.2\/4\/65.2-404","metadata":false},"next_section":{"id":76142,"structure_id":15578,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","url":"\/65.2-406\/","token":"65.2\/4\/65.2-406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-405\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 205; in 1958, chapter 457; in 1968, chapter 660; in 1970, chapter 470; in 1972, chapter 619; in 1991, chapters 301 and 355.<\/p>","references":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":66016,"section_number":"65.2-514","catch_line":"Special provisions for coal worker's pneumoconiosis claims for total disability or death","order_by":null,"url":"\/65.2-514\/"}],"refers_to":[{"id":76142,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","order_by":null,"url":"\/65.2-406\/"},{"id":81142,"section_number":"65.2-600","catch_line":"Notice of accident","order_by":null,"url":"\/65.2-600\/"}],"permalink":{"id":276381,"object_type":"law","relational_id":81595,"identifier":"65.2-405","token":"65.2\/4\/65.2-405","url":"\/65.2-405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-405\/","token":"65.2\/4\/65.2-405","dublin_core":{"Title":"Notice to be given","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within sixty days after a diagnosis of an occupational disease is first communicated to the employee, he, or someone in his behalf, shall give written notice thereof to the employer<\/span> in accordance with § 65.2-600<\/a>, but in no case shall the failure to give notice deprive the employee of his cause of action<\/span> for an occupational disease, unless it be shown that such failure resulted in clear prejudice to the employer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The statute of limitations<\/span> provided under subdivision A 1 of § 65.2-406<\/a> shall be tolled until the employer<\/span> gives the employee notice in substantially the following form:\n\t\t\tNOTICE TO EMPLOYEE\n\t\t\tIN THE EVENT A DIAGNOSIS OF COAL MINERS’ PNEUMOCONIOSIS (INCLUDING BLACK LUNG, 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 LOST IF YOU DO NOT FILE IT WITH THE VIRGINIA WORKERS’ COMPENSATION COMMISSION<\/span> WITHIN THE TIME LIMIT PROVIDED BY LAW<\/span>. YOU MAY FIND OUT WHAT TIME LIMIT APPLIES TO YOUR CLAIM BY CONTACTING THE WORKERS’ COMPENSATION COMMISSION<\/span>. THE FACT<\/span> THAT YOU ARE TOLD THAT YOU HAVE COAL MINERS’ PNEUMOCONIOSIS WHICH HAS NOT REACHED THE COMPENSABLE LEVEL UNDER THE GUIDELINES OF THE WORKERS’ COMPENSATION COMMISSION<\/span> OR THAT YOU ARE STILL ABLE TO WORK OR ARE WORKING DOES NOT STOP THE TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF YOUR DUTY TO FILE YOUR CLAIM WITH THE WORKERS’ COMPENSATION COMMISSION<\/span>.\n\t\t\tSuch notice shall also include the address and telephone number which the employee may use to contact the Commission<\/span>.\n\t\t\tThe employer<\/span> shall post and keep posted, conspicuously, the above notice in, on, or about the mine operations in places usually frequented by employees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsection B shall apply only to claims arising on or after July 1, 1991. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO BE GIVEN (\u00a7 65.2-405)\n\nA. Within sixty days after a diagnosis of an occupational disease is first\ncommunicated to the employee, he, or someone in his behalf, shall give written\nnotice thereof to the employer in accordance with § 65.2-600, but in no\ncase shall the failure to give notice deprive the employee of his cause of\naction for an occupational disease, unless it be shown that such failure\nresulted in clear prejudice to the employer.\n\nB. The statute of limitations provided under subdivision A 1 of § 65.2-406\nshall be tolled until the employer gives the employee notice in substantially\nthe following form:\n\t\t\tNOTICE TO EMPLOYEE\n\t\t\tIN THE EVENT A DIAGNOSIS OF COAL MINERS’ PNEUMOCONIOSIS (INCLUDING\nBLACK LUNG, SILICOSIS, PNEUMOCONIOSIS, COAL WORKERS’ PNEUMOCONIOSIS, ROCK\nDUST, DUST, DUST ON YOUR LUNGS OR TERMS OF SIMILAR MEANING) IS COMMUNICATED TO\nYOU, YOU MAY HAVE A WORKERS’ COMPENSATION CLAIM. HOWEVER, SUCH CLAIM MAY\nBE LOST IF YOU DO NOT FILE IT WITH THE VIRGINIA WORKERS’ COMPENSATION\nCOMMISSION WITHIN THE TIME LIMIT PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME\nLIMIT APPLIES TO YOUR CLAIM BY CONTACTING THE WORKERS’ COMPENSATION\nCOMMISSION. THE FACT THAT YOU ARE TOLD THAT YOU HAVE COAL MINERS’\nPNEUMOCONIOSIS WHICH HAS NOT REACHED THE COMPENSABLE LEVEL UNDER THE GUIDELINES\nOF THE WORKERS’ COMPENSATION COMMISSION OR THAT YOU ARE STILL ABLE TO WORK\nOR ARE WORKING DOES NOT STOP THE TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF\nYOUR DUTY TO FILE YOUR CLAIM WITH THE WORKERS’ COMPENSATION COMMISSION.\n\t\t\tSuch notice shall also include the address and telephone number which the\nemployee may use to contact the Commission.\n\t\t\tThe employer shall post and keep posted, conspicuously, the above notice in,\non, or about the mine operations in places usually frequented by employees.\n\nC. The provisions of subsection B shall apply only to claims arising on or after\nJuly 1, 1991.\n\nHISTORY: Code 1950, \u00a7 65-48; 1952, c. 205; 1958, c. 457; 1968, c. 660, \u00a7\n65.1-51; 1970, c. 470; 1972, c. 619; 1991, cc. 301, 355.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}