Virginia § 65.2-405 - Notice to be given
Full text of Virginia Code of Virginia § 65.2-405 — Notice to be given, with citation guidance and answers to common questions.
§ 65.2-405. Notice to be given
A. 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.
B. 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:
NOTICE TO EMPLOYEE
IN 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.
Such notice shall also include the address and telephone number which the employee may use to contact the Commission.
The employer shall post and keep posted, conspicuously, the above notice in, on, or about the mine operations in places usually frequented by employees.
C. The provisions of subsection B shall apply only to claims arising on or after July 1, 1991.
Code 1950, § 65-48; 1952, c. 205; 1958, c. 457; 1968, c. 660, § 65.1-51; 1970, c. 470; 1972, c. 619; 1991, cc. 301, 355.
Frequently Asked Questions About Virginia § 65.2-405
What does Code of Virginia § 65.2-405 cover?
Section 65.2-405 ("Notice to be given") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 65.2-405?
A common citation format is "Code of Virginia § 65.2-405" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 65.2-405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.