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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60208</law_id><section_number>65.2-602</section_number><catch_line>Tolling of statute of limitations</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="65.2">Workers' Compensation</unit><unit label="chapter" level="2" order_by="1" identifier="6">Notice of Accident; Filing Claims; Medical Attention and Examination</unit></structure><text>
						<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 &#xA7;&#xA0;<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 &#xA7;&#xA0;<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&#x2019; Compensation <span class="dictionary">Commission</span> as required by &#xA7;&#xA0;<a class="law" title="Records and reports of accidents" href="/65.2-900/">65.2-900</a>, or otherwise has under a workers&#x2019; compensation plan or insurance policy furnished or caused to be furnished medical service to such employee as required by &#xA7;&#xA0;<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&#x2019; 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 &#xA7;&#xA0;<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></text><history>1984, c. 608, &#xA7; 65.1-87.1; 1989, c. 539; 1991, cc. 216, 355; 2019, c. 470.</history><metadata></metadata></law>
