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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.
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.
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:
Employees can verify online if their employer has coverage through the state’s online search tool.
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.
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.
Virginia workers’ comp insurance provides two types of benefits for work injuries:
These benefits include:
Benefits received rely on many factors, such as the employee’s:
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.
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.
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.
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:
If an employee is out of work:
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.
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.
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.
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.
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.
Generally, independent contractors aren’t covered by workers' compensation insurance in Virginia. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If you’re unsure about your classification, it's advisable to seek legal guidance.
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.
Employees can verify online if their employer has coverage through the state’s online search tool.