Is My Case Closed If I Sign a Workers’ Comp Award Agreement Form in Virginia?

If you have been injured on the job in Roanoke or anywhere in Virginia, there is a good chance the insurance company has mailed you an Award Agreement form — or you have received an Award Letter from the Virginia Workers’ Compensation Commission. One of the most common questions I hear as a workers comp lawyer in Roanoke, VA is: “If I sign this form, is my case over?” It is a fair question, and the confusion is understandable. The short answer: no, signing an Award Agreement does not close your workers’ compensation case. In fact, in most situations it is the single most important step you can take to protect your benefits. Let me explain how these documents work and what to watch out for before you sign.

What Is a Workers’ Compensation Award Letter in Virginia?

An Award Letter (also called an Award Order) is a short document entered by the Virginia Workers’ Compensation Commission stating which benefits have been awarded in your case. A typical Award Order identifies:

• The type of disability benefits you are receiving (temporary total, temporary partial, or permanent partial disability)
• Your weekly compensation rate, which is based on your pre-injury average weekly wage
• The date your benefits begin and how long they continue
• The injuries and body parts the insurer has accepted as part of your claim
• Your right to lifetime medical treatment for those accepted conditions under Virginia Code § 65.2-603

Think of the Award Order as the Commission’s official judgment in your favor. It is not just paperwork — it is legal protection.

The Three Types of Award Orders

Medical-only awards. These cover your injury-related medical treatment but do not include wage replacement — common when you missed little or no time from work.

Open awards. These provide ongoing weekly wage loss checks with no fixed end date. The insurer must keep paying until the Commission approves a change, which gives you significant protection.

Closed awards. These pay benefits for a defined period that has already ended, or pay permanent partial disability for a rated loss of use of a body part.

Why an Award Order Matters So Much

Injured workers in Virginia are sometimes paid voluntarily by the insurance company without any award being entered. That is a dangerous position to be in. Without an award, the insurer can simply stop sending checks whenever it chooses. With an open award in place:

• The insurance company cannot unilaterally cut off your wage loss benefits — it must file an application with the Commission and prove grounds to stop payment
• Late payments can trigger a 20 percent penalty under Virginia Code § 65.2-524
• Your right to medical care for the accepted body parts is protected going forward

Is My Case Closed If I Sign an Award Agreement Form?

No. This is probably the biggest myth I encounter as a workers’ compensation attorney. Signing an Award Agreement form does not settle your claim, waive your rights, or close your case. Your case remains open in important ways:

• Change in condition. If your condition worsens or your doctor takes you back out of work, you can file a change-in-condition claim under Virginia Code § 65.2-708 seeking additional wage loss benefits.
• Compensable consequences. If your work injury causes a new problem — for example, an altered gait from a knee injury that damages your hip — you can seek to add that condition to your claim.
• Permanent partial disability. Once you reach maximum medical improvement, you may be entitled to a separate award for permanent loss of use of an injured body part.
• Ongoing medical care. Your lifetime medical award for accepted conditions continues even after wage loss benefits end.

It is very common for a single Virginia workers’ comp case to involve several awards over its life, especially with serious injuries. What does close a case is a full and final settlement approved by the Commission — a completely different document, and one you should never sign without legal advice.

One caution: strict deadlines apply to reopening or expanding a claim, and many of them run from the date you were last paid compensation under an award. Missing one of these deadlines can permanently bar additional benefits, so do not sit on your rights.

Read Before You Sign: Red Flags in Award Agreement Forms

While signing an Award Agreement is usually good for you, the details matter. Insurance carriers prepare these forms, and I regularly see two costly “mistakes” in them:

• An understated average weekly wage. Your compensation rate should reflect your full pre-injury earnings, including overtime and bonuses. If the wage figure is too low, every check you receive will be too low.
• A watered-down injury description. Watch for limiting language like “lumbar strain, resolved” when you actually suffered a disc herniation. The body parts and conditions listed on the award define what medical care the insurer must cover.

If either of these looks wrong, do not sign until you have talked to a lawyer. Once the award is entered, correcting these details becomes much harder.

How Do I Get an Award Letter in Virginia?

There are two main paths. First, you and the insurance carrier can sign an Award Agreement form, which is then filed with the Commission and entered as an award. Second, if the insurer will not agree, you can take your claim to a hearing before a deputy commissioner and win an award at trial. Either way, you must file a claim with the Virginia Workers’ Compensation Commission within two years of your accident under Virginia Code § 65.2-601 — voluntary payments from the insurer do not stop that clock.

What If the Insurance Company Won’t File the Signed Agreement?

Occasionally a carrier has an injured worker sign an Award Agreement and then never files it with the Commission, leaving the worker unprotected. If that happens, you can ask the Commission to enforce the agreement, seek sanctions, or request a hearing. This is another situation where having an attorney involved changes how seriously the insurance company treats your claim.

Talk to a Workers’ Comp Lawyer in Roanoke, VA — Free Consultation

Award Agreement forms, Award Letters, and the deadlines that surround them can make or break your Virginia workers’ compensation case. Before you sign anything the insurance company sends you — and especially before you assume your case is closed or protected — get answers from an experienced workers comp lawyer Roanoke, VA workers can rely on. At Lugar Injury Law, I help injured workers in Roanoke and throughout Virginia secure the awards and benefits they are entitled to. Contact Lugar Injury Law today for a free consultation to discuss your workers’ compensation claim.