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.
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.