{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-602.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-602.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-602.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-602.html"}],"law_id":60208,"edition_id":1,"section_id":60208,"structure_id":14804,"section_number":"65.2-602","catch_line":"Tolling of statute of limitations","history":"1984, c. 608, \u00a7 65.1-87.1; 1989, c. 539; 1991, cc. 216, 355; 2019, c. 470.","full_text":"In any case where an employer has received notice of an accident resulting in compensable injury to an employee as required by \u00a7 65.2-600 and, whether or not an award has been entered, the employer has paid compensation or wages to such employee during incapacity for work, as defined in \u00a7 65.2-500 or 65.2-502, resulting from such injury or the employer has failed to file the report of said accident with the Virginia Workers&#8217; Compensation Commission as required by \u00a7 65.2-900, or otherwise has under a workers&#8217; compensation plan or insurance policy furnished or caused to be furnished medical service to such employee as required by \u00a7 65.2-603, the statute of limitations applicable to the filing of a claim shall be tolled until the last day for which such payment of compensation or wages or furnishment of medical services as described above is provided and that occurs more than six months after the date of accident. However, no such payment of wages or workers&#8217; compensation benefits or furnishment of medical service as described above occurring after the expiration of the statute of limitations shall apply to this provision. In the case where the employer has failed to file a first report, the statute of limitations shall be tolled during the duration thereof until the employer filed the first report of accident as required by \u00a7 65.2-900. In the event that more than one of the above tolling provisions applies, whichever of those causes the longer period of tolling shall apply.","order_by":null,"text":{"0":{"id":220235,"text":"In any case where an employer has received notice of an accident resulting in compensable injury to an employee as required by \u00a7 65.2-600 and, whether or not an award has been entered, the employer has paid compensation or wages to such employee during incapacity for work, as defined in \u00a7 65.2-500 or 65.2-502, resulting from such injury or the employer has failed to file the report of said accident with the Virginia Workers&#8217; Compensation Commission as required by \u00a7 65.2-900, or otherwise has under a workers&#8217; compensation plan or insurance policy furnished or caused to be furnished medical service to such employee as required by \u00a7 65.2-603, the statute of limitations applicable to the filing of a claim shall be tolled until the last day for which such payment of compensation or wages or furnishment of medical services as described above is provided and that occurs more than six months after the date of accident. However, no such payment of wages or workers&#8217; compensation benefits or furnishment of medical service as described above occurring after the expiration of the statute of limitations shall apply to this provision. In the case where the employer has failed to file a first report, the statute of limitations shall be tolled during the duration thereof until the employer filed the first report of accident as required by \u00a7 65.2-900. In the event that more than one of the above tolling provisions applies, whichever of those causes the longer period of tolling shall apply.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14804,"edition_id":1,"name":"Notice of Accident; Filing Claims; Medical Attention and Examination","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:50:02","date_modified":"2026-06-26 03:50:02","permalink":{"id":276527,"object_type":"structure","relational_id":14804,"identifier":"6","token":"65.2\/6","url":"\/65.2\/6\/","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":81142,"structure_id":14804,"section_number":"65.2-600","catch_line":"Notice of accident","url":"\/65.2-600\/","token":"65.2\/6\/65.2-600","metadata":false},{"id":60353,"structure_id":14804,"section_number":"65.2-601","catch_line":"Time for filing claim","url":"\/65.2-601\/","token":"65.2\/6\/65.2-601","metadata":false},{"id":80844,"structure_id":14804,"section_number":"65.2-601.1","catch_line":"Effect of filing claim; stay of debt collection activities by health care providers","url":"\/65.2-601.1\/","token":"65.2\/6\/65.2-601.1","metadata":false},{"id":83079,"structure_id":14804,"section_number":"65.2-601.2","catch_line":"Notice to employee of employer's intent","url":"\/65.2-601.2\/","token":"65.2\/6\/65.2-601.2","metadata":false},{"id":76135,"structure_id":14804,"section_number":"65.2-601.3","catch_line":"Notice of right to dispute claim","url":"\/65.2-601.3\/","token":"65.2\/6\/65.2-601.3","metadata":false},{"id":60208,"structure_id":14804,"section_number":"65.2-602","catch_line":"Tolling of statute of limitations","url":"\/65.2-602\/","token":"65.2\/6\/65.2-602","metadata":false},{"id":82651,"structure_id":14804,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","url":"\/65.2-603\/","token":"65.2\/6\/65.2-603","metadata":false},{"id":69148,"structure_id":14804,"section_number":"65.2-603.1","catch_line":"Use of therapeutically equivalent drug products required","url":"\/65.2-603.1\/","token":"65.2\/6\/65.2-603.1","metadata":false},{"id":70150,"structure_id":14804,"section_number":"65.2-604","catch_line":"Furnishing copy of medical report","url":"\/65.2-604\/","token":"65.2\/6\/65.2-604","metadata":false},{"id":67541,"structure_id":14804,"section_number":"65.2-605","catch_line":"Liability of employer for medical services ordered by Commission; fee schedules for medical services; malpractice; assistants-at-surgery; coding","url":"\/65.2-605\/","token":"65.2\/6\/65.2-605","metadata":false},{"id":71627,"structure_id":14804,"section_number":"65.2-605.1","catch_line":"Prompt payment; limitation on claims","url":"\/65.2-605.1\/","token":"65.2\/6\/65.2-605.1","metadata":false},{"id":74938,"structure_id":14804,"section_number":"65.2-605.2","catch_line":"Biennial peer-reviewed studies","url":"\/65.2-605.2\/","token":"65.2\/6\/65.2-605.2","metadata":false},{"id":56629,"structure_id":14804,"section_number":"65.2-606","catch_line":"Physicians for medical examination","url":"\/65.2-606\/","token":"65.2\/6\/65.2-606","metadata":false},{"id":71780,"structure_id":14804,"section_number":"65.2-607","catch_line":"Medical examination; physician-patient privilege inapplicable; autopsy","url":"\/65.2-607\/","token":"65.2\/6\/65.2-607","metadata":false}],"previous_section":{"id":76135,"structure_id":14804,"section_number":"65.2-601.3","catch_line":"Notice of right to dispute claim","url":"\/65.2-601.3\/","token":"65.2\/6\/65.2-601.3","metadata":false},"next_section":{"id":82651,"structure_id":14804,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","url":"\/65.2-603\/","token":"65.2\/6\/65.2-603","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-602\/","history_text":"<p>This law was first created in 1984. The record of its establishment is cataloged in chapter 608 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1989, chapter 539; in 1991, chapters 216 and 355; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0470\">470<\/a>.<\/p>","references":false,"refers_to":[{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":85307,"section_number":"65.2-502","catch_line":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-502\/"},{"id":81142,"section_number":"65.2-600","catch_line":"Notice of accident","order_by":null,"url":"\/65.2-600\/"},{"id":82651,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","order_by":null,"url":"\/65.2-603\/"},{"id":63922,"section_number":"65.2-900","catch_line":"Records and reports of accidents","order_by":null,"url":"\/65.2-900\/"}],"permalink":{"id":276549,"object_type":"law","relational_id":60208,"identifier":"65.2-602","token":"65.2\/6\/65.2-602","url":"\/65.2-602\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-602\/","token":"65.2\/6\/65.2-602","dublin_core":{"Title":"Tolling of statute of limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-602","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any case where an <span class=\"dictionary\">employer<\/span> has received notice of an accident resulting in compensable <span class=\"dictionary\">injury<\/span> to an employee as required by \u00a7&nbsp;<a class=\"law\" title=\"Notice of accident\" href=\"\/65.2-600\/\">65.2-600<\/a> and, whether or not an <span class=\"dictionary\">award<\/span> has been entered, the <span class=\"dictionary\">employer<\/span> has paid compensation or wages to such employee during incapacity for work, as defined in \u00a7&nbsp;<a class=\"law\" title=\"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants\" href=\"\/65.2-500\/\">65.2-500<\/a> or <a class=\"law\" title=\"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants\" href=\"\/65.2-502\/\">65.2-502<\/a>, resulting from such <span class=\"dictionary\">injury<\/span> or the <span class=\"dictionary\">employer<\/span> has failed to file the report of said accident with the Virginia Workers&#8217; Compensation <span class=\"dictionary\">Commission<\/span> as required by \u00a7&nbsp;<a class=\"law\" title=\"Records and reports of accidents\" href=\"\/65.2-900\/\">65.2-900<\/a>, or otherwise has under a workers&#8217; compensation plan or insurance policy furnished or caused to be furnished medical service to such employee as required by \u00a7&nbsp;<a class=\"law\" title=\"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept\" href=\"\/65.2-603\/\">65.2-603<\/a>, the <span class=\"dictionary\">statute of limitations<\/span> applicable to the filing of a claim shall be tolled until the last day for which such payment of compensation or wages or furnishment of medical services as described above is provided and that occurs more than six months after the date of accident. However, no such payment of wages or workers&#8217; compensation benefits or furnishment of medical service as described above occurring after the expiration of the <span class=\"dictionary\">statute of limitations<\/span> shall apply to this provision. In the case where the <span class=\"dictionary\">employer<\/span> has failed to file a first report, the <span class=\"dictionary\">statute of limitations<\/span> shall be tolled during the duration thereof until the <span class=\"dictionary\">employer<\/span> <span class=\"dictionary\">filed<\/span> the first report of accident as required by \u00a7&nbsp;<a class=\"law\" title=\"Records and reports of accidents\" href=\"\/65.2-900\/\">65.2-900<\/a>. In the event that more than one of the above tolling provisions applies, whichever of those causes the longer period of tolling shall apply.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTOLLING OF STATUTE OF LIMITATIONS (\u00a7 65.2-602)\n\nIn any case where an employer has received notice of an accident resulting in\ncompensable injury to an employee as required by \u00a7 65.2-600 and, whether or not\nan award has been entered, the employer has paid compensation or wages to such\nemployee during incapacity for work, as defined in \u00a7 65.2-500 or 65.2-502,\nresulting from such injury or the employer has failed to file the report of said\naccident with the Virginia Workers&#8217; Compensation Commission as required by\n\u00a7 65.2-900, or otherwise has under a workers&#8217; compensation plan or\ninsurance policy furnished or caused to be furnished medical service to such\nemployee as required by \u00a7 65.2-603, the statute of limitations applicable to\nthe filing of a claim shall be tolled until the last day for which such payment\nof compensation or wages or furnishment of medical services as described above\nis provided and that occurs more than six months after the date of accident.\nHowever, no such payment of wages or workers&#8217; compensation benefits or\nfurnishment of medical service as described above occurring after the expiration\nof the statute of limitations shall apply to this provision. In the case where\nthe employer has failed to file a first report, the statute of limitations shall\nbe tolled during the duration thereof until the employer filed the first report\nof accident as required by \u00a7 65.2-900. In the event that more than one of the\nabove tolling provisions applies, whichever of those causes the longer period of\ntolling shall apply.\n\nHISTORY: 1984, c. 608, \u00a7 65.1-87.1; 1989, c. 539; 1991, cc. 216, 355; 2019, c.\n470.","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}}