{"id":377023,"date":"2016-11-15T14:39:03","date_gmt":"2016-11-15T19:39:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-workers-compensation-laws.html"},"modified":"2018-12-06T17:49:55","modified_gmt":"2018-12-06T22:49:55","slug":"virginia-workers-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-workers-compensation-laws.html","title":{"rendered":"Virginia Workers’ Compensation Laws"},"content":{"rendered":"\n
\n \n
\n

Virginia Workers' Compensation Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Virginia, often called the Old Dominion, is known as the birthplace of a nation. The population has grown, especially in NoVa, due to tremendous job opportunities and the peaceful environment. Whether you work in the suburbs or near the Washington metropolitan area, accidents are bound to happen. It is certainly devastating to get injured on the job and face sudden, unexpected loss of income. To protect injured workers, every state has laws requiring many employers to provide workers’ compensation insurance to their employees. If you were injured on the job, you’re likely eligible to collect workers’ compensation benefits. Read on to learn about Virginia workers’ compensation laws.<\/p>\r\n

What Is Workers’ Compensation?<\/h2>\r\n

"Workers’ compensation" refers to a form of employer insurance<\/a> that is meant to provide injured employees with compensation for work-related injuries. Every state has its own workers’ compensation laws. Virginia has the Virginia Workers’ Compensation Act<\/a> that requires most employers to carry workers’ compensation insurance. There is a trade-off for both employers and employees: it protects employers from getting sued by its employees and provides prompt payments for injured worker.<\/p>\r\n

Virginia employers are required to have coverage if they regularly employ more than two part-time or full-time employees<\/a>, including subcontractors. There are no exceptions or waivers to this requirement. Even if your employer does not have insurance, you may be eligible to receive workers’ compensation if your employer was required by law to have insurance.<\/p>\r\n

Types of Injuries Covered under the Act<\/h2>\r\n

To receive workers’ compensation, the accident must have happened while you were in the course of employment or doing something on behalf of your employer. Under the Virginia Workers’ Compensation Act, the injury must: (1) have occurred at work or during work-related function, (2) be caused by a specific work activity, or (3) have happened suddenly at a specific time. Injuries caused by employee’s misconduct or outside of the scope of work are not covered, as well as injuries that incurred gradually or from repetitive trauma.<\/p>\r\n

Workers’ Compensation in Virginia<\/h2>\r\n

The following table includes important parts of Virginia’s workers’ compensation laws, including key deadlines and types of benefits:<\/p>\r\n

\r\n
Important Deadlines<\/b><\/td>\r\n
Types of Benefits<\/b><\/td>\r\n
    \r\n
  • Lifetime Medical Benefits:<\/b> payment for expenses related to the injury or occupational disease (includes payment or reimbursement of out of pocket medical, prescription and transportation expenses)<\/li>\r\n
  • Wage Loss Replacement (Temporary Total\/Temporary Partial Disability):<\/b> full or partial wage loss replacement for medically authorized disability from work<\/li>\r\n
  • Permanent Partial Disability:<\/b> compensation for loss of use of a body part, loss of hearing\/vision, amputation, lung disease or bodily disfigurement or scarring<\/li>\r\n
  • Permanent Total Disability:<\/b> lifetime wage replacement for loss of both hands, arms, feet, legs, eyes or any two in the same accident, or is paralyzed or disabled from a severe brain injury<\/li>\r\n
  • Death Benefits:<\/b> in cases where injury results in death, surviving spouse, children, or certain other dependents may be entitled to wage loss replacement benefits and payment of funeral\/transportation expenses<\/li>\r\n
  • Other:<\/b> mileage reimbursement, if eligible (including total wage loss and fatal benefits)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Employer Obligations<\/b><\/td>\r\n