Virginia workers' compensation insurance: Your ultimate guide
Everything to know about workers’ compensation for
Virginia
businesses
What does workers’ compensation cover?
A standard workers’ comp policy covers four primary areas: medical expenses, lost wages, employer liability and ongoing rehabilitation. EverPeak policies ensure your crew gets the care they need to return to work safely while protecting your business from the costs of workplace accidents.
Medical care
Coverage for the necessary treatment resulting from a work-related injury or illness.
Lost wages
Partial pay for employees unable to work while recovering from an injury.
Legal protection
Financial support for your business if an employee files a lawsuit related to an accident.
Ongoing care
Rehabilitation and training to support employees re-enter the workforce, and ongoing benefits for permanent injuries.
Death benefits
Financial support for the families.
What are
Virginia
's workers' comp laws?
Virginia is rich in history and natural beauty, from the bustling city of Richmond to the captivating landscapes of Shenandoah National Park. The Old Dominion State boasts a thriving business scene with abundant opportunities for entrepreneurs and business owners.
Whether located in the heart of Virginia's tech corridor or along the scenic coast of the Chesapeake Bay, safeguarding your business and employees with workers’ compensation insurance is crucial.
What is workers' compensation?
Workers' compensation is a state-mandated insurance program for employers with two or more employees. It’s designed to provide financial protection for employees who suffer work-related injuries or illnesses.
Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.
Virginia workers' compensation rules
The Virginia Workers’ Compensation Commission oversees the workers’ compensation law in Virginia. The law requires employers with two or more employees to be covered by an active workers’ compensation insurance policy.
Part-time, seasonal and temporary workers, minors, trainees, immigrants and working family members are considered employees under Virginia workers’ compensation law. Subcontractors hired to perform the same trade, business or occupation and their employees are included when determining the total number of employees for coverage requirements.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. Virginia’s Workers’ Compensation Commission can approve self-insured requests based on factors such as:
- Financial status
- The nature and hazard of employment
- Claims history
Employees can verify online if their employer has coverage through the state’s online search tool.
Who is covered and exempt from
Virginia
workers' comp?
Who is covered?
Policies include protection for full-time and part-time workers, seasonal and temporary employees. The one exemption from Virginia workers’ compensation is sole proprietors with no employees that don’t hire subcontractors.
Covered injuries and illnesses
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions.
Benefits provided
Virginia workers’ comp insurance provides two types of benefits for work injuries:
- Medical benefits
- Lost wages and other monetary compensation
These benefits include:
- Medical treatment for work-related accidents, injuries and/or illnesses
- Mileage reimbursement for travel to and from an authorized doctor
- Temporary disability benefits
- Permanent disability benefits
- Death benefits to surviving dependents
Benefits received rely on many factors, such as the employee’s:
- Average weekly wage before the injury
- Injury severity
- Length of recovery and ability to continue working
Virginia workers’ compensation rates
In Virginia, the weekly compensation rate is 66 2/3% of a person’s average weekly wage based on earnings for the 52 weeks before the injury. This amount is subject to a statewide maximum reimbursement amount.
Find more information on annual Virginia’s workers’ compensation rates here.
How much does workers’ comp cost in
Virginia
?
How do you file a workers’ compensation claim in
Virginia
?
Filing a workers' compensation claim
In the event of a work-related injury or illness, employees must promptly notify their employer and seek medical attention.
In Virginia, employees should report immediately and no later than 30 days from the date the accident occurs or within 30 days of the date the doctor says they’re suffering from a work-related injury.
Filing a claim is the employer's responsibility in the case of a workplace-related injury or illness. Employers must file a report of the accident or disease within 10 days to their workers' compensation insurance carrier. The injured employee should complete the necessary forms and provide supporting documentation to initiate the claims process.
Choosing a healthcare provider
If the workers’ compensation insurance carrier accepts the claim, benefits will be issued promptly to ensure timely care.
Employers in Virginia should provide the injured worker with a panel of providers from which to choose a treating physician. The physician chosen becomes the authorized treating physician.
Employees must seek medical treatment from these designated providers to ensure coverage.
Payment of medical bills
Healthcare services must be paid for within 60 days of the receipt by the employer or the employer’s workers’ compensation insurance carrier.
If any services are contested, denied or considered incomplete, the employer's workers' compensation insurance carrier should notify the healthcare provider within 45 days with the following information:
- The reasons for contesting, denying or considering the services incomplete
- Any additional information required to make a decision
- Solutions available to the health care provider if the health care provider disagrees
Compensation for missed work
If an employee is out of work:
- Less than seven days: They are not eligible for temporary total disability payments.
- More than seven but less than 21 days: They are eligible for lost time benefits beginning on the eighth day.
- More than 21 days: They are eligible for benefits retroactive to the first day they stopped work.
Resolving disputes
The Judicial Division of the Virginia Workers’ Compensation Commission serves as the administrative body responsible for resolving these workers’ compensation claim disputes. This involves mediation, hearings and appeals.
The Alternative Dispute Resolution (ADR) Department provides an informal dispute resolution process where a neutral third party facilitates communication to reach an agreeable solution.
How to get workers' compensation
Insurance requirements for employers
Employers in Virginia with two or more employees must carry workers' compensation insurance or qualify for self-insurance, depending on their size and industry. Compliance with these requirements is essential to protect both the employer and employees.
Choosing the right insurance provider
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
FAQs
Enforcing safety protocols, providing proper employee training, maintaining a clean and hazard-free work environment, and regularly reviewing safety practices can significantly reduce workplace injuries.
Your premium is primarily determined by your industry payroll classifications, geographic location and total annual payroll. Your business’s safety history can also play a major role in determining your final rate. Three key factors influence your base insurance rate:
- Industry classification codes: Higher-hazard trades naturally carry higher baseline rates.
- Geographic location: Rates and statutory benefit structures fluctuate heavily by state lines.
- Historical safety record: Maintaining an accident-free workplace lowers your Experience Modification Rate (E-mod), resulting in built-in premium discounts.
Most states require businesses with employees to carry workers’ compensation insurance to stay compliant. Requirements vary by location, but having coverage ensures your business is protected and your team has access to benefits if an injury occurs.
Employees can verify online if their employer has coverage through the state’s online search tool.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensures the necessary steps are taken to initiate the workers' compensation claims process.
Whether you need coverage for contractors depends entirely on your state’s specific regulatory definitions and formal worker classification tests. Since misclassification regulations are highly complex and can lead to severe audits or stop-work orders, it’s vital to ensure your entire labor force is properly verified and protected based on the actual day-to-day work they do.
Learn more: Do independent contractors need workers’ compensation?
In most cases, employees in Virginia are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
In Virginia, employers who fail to procure or sustain the appropriate workers' compensation coverage for their employees may face civil fines of up to $250 per day of non-compliance. Failure to adhere to this requirement can reach a maximum of $50,000 in fines.
Workers’ compensation is a form of insurance that benefits employers and employees in the case of a work-related injury or illness.
Why choose EverPeak for workers’ comp coverage?
EverPeak protects the hardest-working businesses in (state) with simple, reliable workers’ comp starting as low as $18 a month. Backed by over a century of specialized experience, customers get multi-state coverage, fast and easy claims support, and a vast network of brokers.