Virginia Workers' Compensation: Fast Facts

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Coverage Requirements Under Virginia State Law

Most Virginia businesses with at least two employees must provide workers' compensation insurance, with some exceptions. This includes part-time, full-time, seasonal, and temporary employees as well as subcontractors. We list any employees automatically exempt from this insurance coverage requirement below.

Work-Related Injury or Illness Reporting Requirements

Report your job-related injury or illness to your employer immediately, preferably in writing and before you seek non-emergency medical care. You must report it within 30 days if you have a work injury, or 60 days for an occupational disease. Failure to meet this notification deadline means your employer's insurer can legally deny your Virginia workers' compensation claim. You'll then need to file a completed Claim with Benefits form directly with the Virginia Workers' Compensation Commission.

Where to Seek Medical Care

If you need emergency medical attention for a life-threatening injury or illness, go to the closest hospital, ER, or clinic. Otherwise, ask your employer for a list of 3 authorized workers' comp doctors and choose one to treat your injury/illness. You must get medical care from a doctor on your employer's list if they have one. Otherwise, it's fine to see any healthcare provider you like, including your family doctor. If you don't get medical treatment for your injury or illness, then you won't qualify for VA workers' compensation benefits.

Waiting Period for Lost-Wage Benefits in Virginia

Your first week off is always unpaid unless you cannot return to work for at least 21 days. Once your doctor keeps you off the job for 21 days, then you'll receive lost-wage benefits for that first week. If you can go back to work in less than 7 days, then workers' compensation only covers your medical expenses.

Virginia Workers' Compensation Statute of Limitations

You have two years from your work injury or illness diagnosis date to apply for Virginia workers' compensation benefits.

Virginia Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wage (AWW), subject to Virginia's maximum and minimum benefit amounts.

How Long You Can Receive Virginia Workers' Comp Benefits

  • Medical benefits:unlimited
  • Death benefits:up to $10,000 for funeral and burial expenses as well as $1,000 for transportation costs, plus up to 100% of the SAWW in benefits paid to eligible survivors for a maximum of 500 weeks
  • Temporary Total Disability (TTD):until you return to work, or no more than 500 weeks
  • Permanent Partial Disability (PPD): TTD payments for no more than 500 weeks; disfigurement awards for unscheduled losses are equal to 60 weeks of TTD benefits and can be a lump-sum payment
  • Temporary Partial Disability (TPD):2/3 of the difference between your pre-injury and post-injury earnings for no more than 500 weeks
  • Permanent Total Disability (PTD):for catastrophic injuries, once your 500 weeks of TTD payments end, you'll get PTD in the same amount for the duration of your disability

Virginia Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Virginia workers' compensation coverage requirements:

  • Federal employees
  • Sole proprietors with no employees and that do not hire any subcontractors for work
  • volunteers

Virginia Workers' Compensation Attorney Fees

All Virginia workman's comp lawyers work on contingency. This means you only pay legal fees if you win. If you don't win, then you pay your attorney $0. There's no specific percentage or fee limit amount in Virginia. However, state law says attorneys must charge “reasonable” fees and cannot receive payment without the Virginia Workers' Compensation Commission's approval.