PETITION FOR RETROACTIVE COMPENSATION AND BENEFITS FOR SURVIVORS OF MILITARY AND WORKPLACE SEXUAL ASSAULT
A Request for Equal Access, Retroactive Claims, and Survivor Protections
To: The Virginia General Assembly, the Virginia Workers’ Compensation Commission, the United States Department of Defense, the Department of Veterans Affairs, and other appropriate state and federal authorities

We, the undersigned, respectfully petition for the establishment of a fair and equitable process allowing survivors of sexual assault that occurred in connection with their employment or military service to seek compensation and benefits retroactively when they were previously unable to file a claim, were unaware of their rights, or were prevented from doing so because of the circumstances surrounding the assault.

WHEREAS
Virginia law already recognizes that certain employees who are sexually assaulted in the course of employment may have suffered an injury arising out of employment and may have a valid claim for workers’ compensation benefits. Virginia Code § 65.2-301 specifically addresses victims of sexual assault.

WHEREAS
Virginia generally requires a workers’ compensation claim to be filed within two years after an accident, although the law provides certain exceptions and circumstances under which the filing period may be tolled.

WHEREAS
Sexual assault is fundamentally different from many ordinary workplace injuries because survivors may experience trauma, fear, intimidation, shame, threats of retaliation, loss of trust in leadership, fear of career consequences, or an inability to immediately recognize or report the full impact of the assault.

WHEREAS
Military sexual trauma includes sexual assault and sexual harassment experienced during military service, and the Department of Veterans Affairs recognizes that conditions resulting from MST may qualify for disability compensation.

WHEREAS
A survivor should not lose the opportunity to receive benefits solely because the survivor was unable to navigate a workers’ compensation, military, or VA claims process immediately following a traumatic event.

WHEREAS
A system that recognizes sexual assault as an injury or service-connected condition should provide survivors with a meaningful opportunity to seek those benefits, particularly when the failure to file timely was related to the trauma itself or to circumstances surrounding the survivor's employment or military service.

THEREFORE, WE PETITION
1. Retroactive Filing Rights
We request that Virginia establish a retroactive claims process allowing survivors of qualifying workplace sexual assault to file workers’ compensation claims for incidents that occurred before the effective date of any new legislation, policy, or expanded interpretation.

The retroactive process should allow claims to be individually evaluated based upon the evidence available and the requirements applicable to the survivor's circumstances.

2. Review of Previously Barred Claims
We request that previously denied, dismissed, or time-barred claims involving workplace sexual assault be eligible for review when the survivor was unable to pursue the claim because of trauma, lack of knowledge of available benefits, fear of retaliation, coercion, intimidation, or other circumstances related to the assault.

3. Recognition of Delayed Reporting
Delayed reporting should not automatically disqualify a survivor.

A survivor's inability or unwillingness to immediately report a sexual assault should be considered in light of the unique circumstances associated with sexual trauma.

4. Military Sexual Assault Survivors
We request that appropriate federal authorities establish or expand a retroactive review mechanism for service members and veterans who experienced sexual assault during military service and who were previously unable to obtain benefits associated with the resulting physical or psychological injuries.

This process should include individuals whose claims were previously denied because the evidence available at the time did not adequately document the assault or its resulting injuries.

5. Consistent Treatment of Survivors
We request that survivors of sexual assault be treated consistently regardless of when the assault occurred, provided that the survivor can establish the required connection between the assault and employment or military service.

The passage of time should not, by itself, erase the injury or prevent a survivor from having the claim evaluated on its merits.

6. Protection Against Retaliation
Survivors seeking retroactive benefits should be protected from retaliation, discrimination, intimidation, or adverse employment or military consequences arising from their decision to pursue a legitimate claim.

7. Survivor-Centered Claims Process
The claims process should recognize the unique nature of sexual trauma and minimize unnecessary retraumatization. Survivors should not be required to repeatedly recount traumatic events when existing documentation, investigative records, medical records, military records, or other credible evidence can establish the relevant facts.

8. Equal Opportunity for Justice
This petition does not request that every allegation automatically result in an award of benefits.

Rather, it requests that every survivor who may have a legally qualifying claim be given a meaningful opportunity to have that claim evaluated, even when the passage of time would otherwise prevent the claim from being heard.

OUR REQUEST
We respectfully ask the Commonwealth of Virginia and the appropriate federal military and veterans' authorities to recognize that sexual assault can have consequences that extend far beyond the date of the assault.

We ask for legislation and policy that provide survivors with a reasonable and equitable opportunity to seek compensation and benefits when their sexual assault was connected to their employment or military service.

If sexual assault can be recognized as a compensable workplace injury or as a service-connected condition, then survivors should not be permanently denied the opportunity to seek those benefits simply because they were unable to file at the time they were suffering the immediate consequences of the assault.

Justice should not depend upon how quickly a survivor was able to speak.

The passage of time should not erase the injury.

And a survivor should not be punished for surviving.

We respectfully request legislative and administrative action to establish a retroactive filing and review process for survivors of qualifying workplace and military sexual assault.