Virginia supplement

VIRGINIA SUPPLEMENT

What Every Injured Worker Needs to Know About Workers' Compensation

Special Rules for Injured Workers in Virginia

Current through August 14, 2026 – always consult an attorney as laws may change

A Special Note to Virginia Readers

The main portion of this guide explains workers' compensation principles that apply generally throughout the United States.

But workers' compensation is governed primarily by state law, and every state has its own rules, deadlines, procedures and benefit structures.

If you were injured while working in Virginia, this Supplement explains some of the most important provisions of the Virginia Workers' Compensation Act.

This Supplement is intended as consumer education. It is not a substitute for legal advice concerning a particular claim. Workers' compensation cases can turn on very specific facts, and exceptions may apply to many of the general rules discussed below.

Most important:

Do not assume that because your employer knows about your accident, your legal rights have automatically been protected.

In Virginia, reporting an accident to your employer and filing a claim with the Virginia Workers' Compensation Commission are two different things.

1. WHO IS GENERALLY COVERED BY VIRGINIA WORKERS' COMPENSATION?

Virginia's workers' compensation law generally applies to covered employers and employees.

One important threshold is the size of the employer. The Act excludes employees of a person, firm or private corporation that regularly has fewer than three employees in the same business in Virginia, unless the employer has voluntarily elected coverage. There are also specific exclusions and special provisions for certain categories of workers.

This means that you should never assume you are not covered merely because:

• you work for a small business;
• you work part-time;
• your employer calls you an independent contractor;
• you are paid in an unusual manner; or
• you are uncertain whether the employer purchased workers' compensation insurance.

Whether someone is legally an "employee" for purposes of workers' compensation can involve more than the label placed on the relationship.

If there is any question about coverage, investigate before giving up your claim.

2. WHAT TYPE OF INJURY IS COVERED?

Virginia law defines an "injury" for purposes of workers' compensation to include an injury by accident arising out of and in the course of employment, as well as qualifying occupational diseases under the Act.

Those words matter.

It is not enough in every case simply to show that something happened while you were at work. Questions may arise concerning:

• what caused the injury;
• what you were doing when it happened;
• whether the activity was connected to your employment;
• where the accident occurred;
• whether you were performing work duties;
• whether the condition developed suddenly or gradually; and
• whether the condition may instead qualify as an occupational disease.

Virginia distinguishes between an injury by accident and an occupational disease. Conditions that develop gradually, repetitive-use conditions, illnesses, psychological conditions and similar claims can involve special legal requirements.

If the connection between your condition and your employment is disputed, do not assume that a denial letter means the insurance company is necessarily correct.

3. REPORT THE ACCIDENT —AND DO IT QUICKLY

Virginia law requires an employee to provide notice of an accident to the employer.

The Act generally requires notice immediately or as soon thereafter as practicable, and ordinarily no compensation is payable unless written notice is given within 30 days after the accident, subject to statutory exceptions.

The notice should identify:

• the employee;
• the time of the accident;
• the place of the accident;
• the nature of the accident;
• the cause of the accident; and

the injury.

• The safest practice

Report the injury immediately and put the report in writing.

Even if you have already told your supervisor orally, follow up in writing.

For example:

"I am confirming that I injured my back on August 10 while lifting the equipment in the warehouse at approximately 2:30 p.m. I reported the accident to my supervisor immediately afterward."

Keep a copy.

A text message, email or written accident report can later help establish when and how you reported the accident.

4. REPORTING THE ACCIDENT IS NOT THE SAME AS FILING YOUR CLAIM

This distinction is extremely important.

Your employer may prepare an accident report.

Your employer may notify its insurance carrier

The insurance carrier may assign an adjuster.

You may receive medical treatment.

The insurance company may even communicate with you about the claim.

None of that necessarily replaces your responsibility to protect your rights before the Virginia Workers' Compensation Commission.

The Commission expressly advises injured workers that notifying the employer is not the same thing as filing a claim with the Commission and that it is the injured worker's responsibility to file a Claim Form.

Remember these as two separate steps:

STEP ONE: Report the accident to your employer.

STEP TWO: Protect your rights with the Virginia Workers' Compensation Commission.

Do not confuse the two.

5. VIRGINIA'S GENERAL TWO-YEAR FILING DEADLINE

For an ordinary injury by accident, Virginia law generally requires the workers' compensation claim to be filed with the Commission within two years after the accident.

This is one of the most important deadlines in the entire Virginia workers' compensation system.

There are statutory circumstances that can affect or toll limitations periods, but an injured worker should never rely on an exception unless qualified legal advice confirms that it applies.

Do not wait two years.

The existence of a two-year deadline is not a suggestion that you should delay.

Evidence becomes harder to obtain.

Witnesses disappear.

Memories fade.

Medical causation may become more difficult to establish.

And procedural problems become harder to correct.

File promptly.

6. OCCUPATIONAL DISEASES HAVE DIFFERENT RULES

Occupational disease claims have their own notice and filing provisions. Virginia generally requires written notice to the employer within 60 days after the diagnosis of an occupational disease is first communicated to the employee, although the statute provides that failure to give that notice does not defeat the claim unless the employer shows the required prejudice.

Filing deadlines vary according to the disease.

For many occupational diseases, the general rule is a claim within two years after the diagnosis is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever occurs first. Special periods apply to certain specifically identified diseases.

Because occupational disease limitations can be considerably more complicated than ordinary accident claims:

If you believe your job caused a disease or medical condition that developed over time, obtain advice promptly rather than calculating the deadline yourself.

7. WHO CHOOSES YOUR DOCTOR?

For a compensable Virginia workers' compensation injury, the employer ordinarily must furnish necessary medical treatment.

The Virginia Workers' Compensation Act provides that the employer is to furnish a physician selected by the employee from a panel of at least three physicians selected by the employer. The physician chosen from the panel generally becomes the authorized treating physician.

This is important because workers sometimes make one of two opposite mistakes.

Mistake No. 1:

"I can go to any doctor I want and workers' compensation has to pay."

Not necessarily.

Mistake No. 2:

"The insurance company can force me to treat forever with any doctor it chooses."

That is also an oversimplification.

The authorized-treatment rules matter.

The Commission's guidance also explains that if an appropriate panel is not provided after notice of the injury, circumstances may permit the injured employee to select a physician. Emergency care and other statutory circumstances can also affect the rules.

Before changing doctors on your own, find out whether the treatment will remain authorized.

8. WHAT MEDICAL CARE CAN BE COVERED?

For a compensable injury, Virginia law provides for necessary medical attention related to the injury, and the obligation can continue as long as necessary after the accident, subject to the requirements of the Act.

Depending upon the injury and medical necessity, covered care may include such things as:

• physicians;
• specialists;
• hospital treatment;
• surgery;
• diagnostic testing;
• physical therapy;
• prescriptions;
• prosthetic and orthotic devices; and
• other medically necessary treatment related to the compensable injury.

For serious qualifying injuries, the statute also contains provisions concerning certain assistive devices, automobile modifications and home modifications, subject to statutory requirements and limitations.

An important point about medical records

A healthcare provider treating an injured employee must, upon proper request, furnish medical reports to specified parties, including the injured employee.

Keep your own medical file.

Do not assume someone else will preserve everything you may eventually need.

9. THE INSURANCE COMPANY MAY REQUIRE A MEDICAL EXAMINATION

Virginia law permits an employer, under specified circumstances, to require an injured worker claiming compensation to attend a medical examination by a qualified physician or surgeon designated and paid for by the employer or the Commission.

The examination must be at a reasonable time and place.

Importantly, the statute provides that an employer may not obtain more than one examination per medical specialty without prior authorization from the Commission based upon a showing of good cause or necessity.

An unjustified refusal to attend or obstruction of a properly requested examination can result in suspension of the worker's right to compensation and proceedings during the period of refusal.

Therefore:

Do not simply ignore an examination notice because you disagree with it.

If there is a legitimate objection, address the objection through the proper procedure.

10. HOW MUCH OF YOUR LOST WAGES CAN WORKERS' COMPENSATION PAY?

When an employee is totally unable to work because of a compensable injury, Virginia generally provides a weekly benefit equal to 663 percent of the employee's average weekly wage, subject to the minimum and maximum limits established under the Act.

The employee's "average weekly wage" is calculated under rules contained in the Virginia Workers' Compensation Act. One common starting point is the worker's earnings in the employment during the 52 weeks preceding the injury, but the statute contains additional methods and exceptions for different circumstances.

Therefore:

Do not assume the insurance company's wage calculation is correct simply because a computer produced it.

The calculation can matter enormously, particularly when disability lasts for months or years.

Check the wage records.

11. VIRGINIA'S SEVEN-DAY WAITING PERIOD

Virginia has a waiting period for wage-loss compensation.

Generally, wage-loss compensation is not payable for the first seven calendar days of incapacity, although medical benefits are treated separately.

If incapacity continues beyond seven days, wage compensation generally begins with the eighth day.

But if the incapacity continues for more than three weeks, compensation is allowed beginning with the first day of incapacity.

This rule is sometimes misunderstood.

Example

Suppose a compensable injury keeps an employee completely out of work for 12 days.

The seven-day waiting period generally applies, and wage-loss benefits begin with the eighth day.

If the disability instead continues for more than three weeks, the statute permits wage compensation to relate back to the beginning of the incapacity.

12. WHAT IF YOU RETURN TO WORK BUT EARN LESS?

Virginia also provides benefits for qualifying partial incapacity.

This can become important when an injured worker returns to employment but, because of the work injury, earns less than before the accident.

Partial-disability benefits are governed by separate provisions of the Act and depend upon the worker's pre-injury average weekly wage and post-injury earning capacity.

Do not assume that returning to work automatically ends every entitlement to wage-loss benefits.

Likewise, do not assume that simply earning less automatically entitles you to benefits.

The reason for the reduced earnings matters.

13. PERMANENT INJURY BENEFITS

Virginia provides compensation for certain permanent losses and losses of use.

The Act contains a schedule assigning specified numbers of weeks of compensation to particular losses, with compensation generally calculated at 663 percent of the average weekly wage, subject to the applicable statutory limitations.

Permanent partial disability cases may involve:

• loss of a body member;
• partial loss of use;
• impairment ratings;
• loss of vision;
• loss of hearing;
• disfigurement in circumstances covered by the Act; and

other scheduled losses identified by Virginia law.

A medical impairment rating can therefore become extremely important.

Do not confuse "maximum medical improvement" with "completely recovered."

A person can reach the point where the condition is medically stable and still have a permanent impairment.

14. THERE IS GENERALLY A 500-WEEK LIMIT — BUT IMPORTANT EXCEPTIONS EXIST

Virginia law generally limits total compensation payable under the Act to 500 weeks, subject to statutory exceptions. Among the important exceptions are qualifying cases of permanent and total incapacity identified in the Act.

Because different types of benefits may interact with this limitation, a seriously injured worker should not attempt to value a long-term claim simply by multiplying a weekly check by a number of weeks.

Catastrophic cases require careful analysis.

15. LIGHT DUTY CAN HAVE MAJOR CONSEQUENCES

Suppose your doctor says:

"You cannot return to your regular job, but you can work with restrictions."

The employer may offer light-duty employment.

Do not automatically accept or reject it without considering whether the proposed work actually complies with the physician's restrictions.

Virginia law provides consequences when an employee unjustifiably refuses employment suitable to the employee's capacity.

The practical rule is simple:

Do not refuse a light-duty offer casually.

Instead:

1. obtain the offer and job description when possible;

2. compare the duties with your medical restrictions;

3. give your doctor accurate information about what the job requires;

4. document any duties that exceed your restrictions; and

5. seek legal advice promptly if there is a dispute.

16. VOCATIONAL REHABILITATION

Virginia law permits reasonable and necessary vocational rehabilitation services in appropriate cases.

Those services may include:

vocational evaluation;

counseling;

• job coaching;
• job development;
• job placement;
• on-the-job training;
• education; and
• retraining.

An unjustified refusal to accept properly provided vocational rehabilitation services can jeopardize compensation while the refusal continues.

Participate in legitimate vocational rehabilitation in good faith, but keep careful records.

17. MISCONDUCT, SAFETY RULES, INTOXICATION AND DRUGS

Workers' compensation does not mean that every injury occurring at work is automatically compensable.

Virginia law identifies several defenses that can bar compensation when the injury or death is caused by specified conduct, including:

• willful misconduct or intentional self-inflicted injury;
• an attempt to injure another person;
• intoxication;
• willful failure or refusal to use a required safety appliance or perform a duty required by statute;
• willful violation of a reasonable employer rule or regulation that had been brought to the employee's knowledge before the accident; and

use of a nonprescribed controlled substance covered by the statute. The party asserting these defenses generally bears the burden of proof, although the Act creates particular evidentiary rules and presumptions concerning qualifying alcohol and drug testing

An allegation that you "violated a safety rule" does not automatically end the case.

But it should be taken seriously.

18. CAN YOU SUE YOUR EMPLOYER FOR NEGLIGENCE?

In most covered Virginia workers' compensation situations, the Act provides the employee's exclusive remedy against the employer for the covered workplace injury.

In other words, an employee generally does not receive workers' compensation benefits and also bring an ordinary negligence lawsuit against the employer for the same covered injury. This is one of the fundamental trade-offs of workers' compensation.

The employee generally does not have to prove ordinary negligence in the same way as a traditional personal injury plaintiff.

But the damages available through workers' compensation are much more limited than the damages potentially available in a personal injury lawsuit.

19. BUT SOMEONE OTHER THAN YOUR EMPLOYER MAY BE RESPONSIBLE

This is one of the most important subjects in this entire Supplement.

The workers' compensation system does not necessarily eliminate a claim against a legally responsible third party.

Virginia law specifically recognizes third-party claims and gives an employer or workers' compensation carrier statutory lien and subrogation rights concerning recoveries from responsible third parties.

Example

You are driving for your employer when another driver negligently crashes into you.

You may potentially have:

Claim No. 1 — A Workers' Compensation Claim

for applicable medical treatment and wage-loss or other workers' compensation benefits.

AND

Claim No. 2 – A Personal Injury Claim

against the negligent driver, if the legal requirements for that claim are met.

The personal injury claim may potentially include categories of damages that workers' compensation does not ordinarily provide, including compensation for pain and suffering.

Other third-party situations can involve:

• defective machinery;
• dangerous products;
• negligent contractors;
• unsafe property owned or controlled by another party;
• motor vehicle collisions; and
• other negligent persons or entities who are legally outside the workers' compensation immunity provided by the Act.

But beware of the workers' compensation lien

When workers' compensation benefits are paid and money is later recovered from a responsible third party, Virginia law gives the employer or carrier statutory lien and subrogation rights.

This means the two cases cannot simply be treated as completely independent.

Never settle a significant third-party case arising from a workplace injury without first determining the effect of the workers' compensation lien.

20. WHAT IF THE INSURANCE COMPANY DENIES YOUR CLAIM?

A denial by the insurance company is not necessarily the final word.

Disputed workers' compensation claims are adjudicated through the Virginia Workers' Compensation Commission.

Depending upon the issues, disputes may involve questions such as:

• whether the accident occurred;
• whether the injury arose out of employment;
• whether it occurred in the course of employment;
• whether sufficient notice was provided;
• whether the claim was timely filed;
• whether the medical condition was caused by the accident;
• whether treatment is authorized or medically necessary;
• the amount of the average weekly wage;
• the degree of incapacity;
• whether the employee can return to work;
• permanent impairment;
• occupational disease; and
• entitlement to additional benefits.

A denial letter is the insurance carrier's position.

It is not necessarily a final adjudication of your rights.

21. CHANGE IN CONDITION DEADLINES ARE DIFFERENT

After an award has been entered, additional deadlines may apply if the worker later seeks a review based upon a change in condition.

Virginia's statute generally provides a 24-month period measured from the last day for which compensation was paid pursuant to an award, with specific exceptions, including a longer period for certain permanent-partial-disability claims.

The statute contains additional rules for situations in which compensation has not been paid and for certain surgical procedures.

The important consumer lesson is:

Do not assume that because your original claim was filed on time, you can wait indefinitely to seek additional benefits later.

Different deadlines may apply at different stages of the same case.

22. SETTLEMENTS MUST BE APPROVED BY THE COMMISSION

Virginia allows workers' compensation cases to be settled.

But a workers' compensation settlement is not simply a private handshake between the worker and insurance company.

When the parties reach an agreement concerning compensation or compromise a workers' compensation claim, the agreement is submitted to the Virginia Workers' Compensation Commission for approval.

The statute provides that an approved agreement becomes binding and enforceable, while an unapproved agreement is not effective as an approved workers' compensation settlement. The Commission may approve the agreement when it concludes that the employee's or dependents' best interests will be served.

Before settling, ask:

• Am I still receiving treatment?
• Could I need surgery later?
• Will medical benefits remain open or close?
• Do I have permanent restrictions?
• Can I return to my former job?
• Is there a permanent impairment?
• What income am I likely to earn in the future?
• Are Medicare considerations involved?
• Is there a third-party personal injury claim?
• Is there a workers' compensation lien?
• What rights am I giving up permanently?

A settlement check can disappear. The rights surrendered in exchange for it may be gone forever.

Understand both sides of the transaction.

23. ATTORNEY FEESARE SUBJECT TO COMMISSION APPROVAL

Attorney fees in Virginia workers' compensation matters are subject to the approval and award of the Virginia Workers' Compensation Commission.

The Commission has jurisdiction over disputes concerning those fees.

This is another reason workers should not simply assume that hiring a lawyer operates exactly like hiring an attorney for an ordinary personal injury case. Ask how fees will be handled and make sure you understand the arrangement.

24. WORKPLACE DEATH CLAIMS

Virginia provides workers' compensation benefits to qualifying dependents when a compensable workplace accident results in death.

The Act provides specified weekly benefits based upon the worker's average weekly wage and the dependency provisions of Virginia law.

Virginia's statute also contains specific timing requirements for accident-related death claims. Under the general accident provision, death benefits require, among other things, that the death result from the accident and that the statutory filing requirements be satisfied.

Occupational-disease death claims have their own statutory provisions.

A workplace fatality may also create a potential third-party wrongful-death claim when someone outside the protected employment relationship is legally responsible.

Families facing a workplace death should seek qualified advice promptly.

25. THE TEN RULES I WOULD WANT EVERY INJURED VIRGINIA WORKER TO REMEMBER

RULE 1 – REPORT THE ACCIDENT IMMEDIATELY.

Do not wait to see whether you feel better.

RULE 2 – PUT THE REPORT IN WRITING.

Create a record.

RULE 3 — FILE YOUR CLAIM WITH THE VIRGINIA WORKERS' COMPENSATION COMMISSION.

Your employer's knowledge of the accident is not a substitute for protecting your rights before the Commission.

RULE 4 – KNOW THE TWO-YEAR GENERAL ACCIDENT DEADLINE.

For an ordinary injury by accident, the general rule is two years from the accident, subject to statutory exceptions.

RULE 5 — FOLLOW THE AUTHORIZED MEDICAL-TREATMENT RULES.

Do not casually change doctors and assume the bills will be paid.

RULE 6 — TELL YOUR DOCTORS THE TRUTH.

Do not exaggerate.

Do not minimize.

Be accurate.

RULE 7 — KEEP EVERY DOCUMENT.

Medical records.

Work notes.

Emails.

Texts.

Accident reports.

Pay records.

Insurance letters.

RULE 8 — FOLLOW LEGITIMATE MEDICAL RESTRICTIONS.

Your work status can affect both your health and your benefits.

RULE 9 — ALWAYS ASK WHETHER SOMEONE OTHER THAN YOUR EMPLOYER CAUSED THE ACCIDENT.

A third-party case can dramatically change the financial significance of a workplace injury.

RULE 10 — WHEN SOMETHING DOES NOT MAKE SENSE, ASK BEFORE YOU ACT.

Before quitting your job.

Before refusing light duty.

Before changing doctors.

Before ignoring an insurance request.

Before settling.

Before signing away rights.

Ask.

26. VIRGINIA INJURED WORKER'S IMMEDIATE-ACTION CHECKLIST

If you have just been injured at work in Virginia:

• Obtain necessary emergency medical treatment.
• Tell your supervisor or employer immediately.
• Put the accident report in writing.
• Describe exactly when, where and how the accident occurred.
• Identify witnesses.
• Photograph the accident location when appropriate and lawful.
• Preserve relevant evidence.
• Obtain information concerning the employer's workers' compensation insurance.
• Obtain the panel of physicians when applicable.
• Select the authorized treating physician in accordance with Virginia's rules.
• Tell every medical provider accurately how the injury occurred
• Obtain copies of work-status notes and restrictions.
• Keep copies of medical records and correspondence.
• Keep your pay records.
• Keep a mileage and medical-appointment log.
• File your Claim Form with the Virginia Workers' Compensation Commission.
• Do not confuse your employer's accident report with your Claim Form.
• Do not sign a settlement without understanding what rights will end.
• Determine whether a third party may also be legally responsible.
• Obtain qualified legal advice when the claim becomes disputed, serious or confusing.

27. ONE FINAL WARNING ABOUT DEADLINES

Throughout this Supplement, you have seen several time periods:

30 days.

60 days.

Two years.

24 months.

36 months.

And other specialized periods.

These periods do not all measure the same event or apply to every case.

Some concern notice.

Some concern filing an original claim.

Some concern occupational diseases.

Some concern a later change in condition.

Some concern permanent disability.

Some contain exceptions.

That is why the safest rule is not:

"I think I still have time."

The safest rule is:

"I will protect my rights now."

CONCLUSION – VIRGINIA WORKERS HAVE RIGHTS, BUT RIGHTS MUST BE PROTECTED

Workers' compensation was created to provide important protection when employees are injured because of their work.

But the system does not operate entirely on autopilot.

The employer has responsibilities.

The insurance company has responsibilities.

The medical providers have responsibilities.

And the injured worker has responsibilities too.

You must report the accident.

You must protect your claim.

You must cooperate with legitimate medical requirements.

You must observe deadlines.

You must document what happens.

And you must make informed decisions.

You do not have to become a workers' compensation lawyer.

You simply need to know enough to recognize when something is important.

When you are uncertain, ask.

When something is disputed, investigate.

When a decision could permanently affect your health, your income or your family's future, do not make it casually.

Your health comes first.

Your rights come next.

Protect both.