What is workers' compensation?

Workers' compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill due to their job [§ 65.2-100]. In Virginia, the system is administered by the Virginia Workers' Compensation Commission.

Does my employer have to carry workers' comp insurance?

Virginia requires coverage for 3 or more employees (including part-time) [§ 65.2-101]. Employers cannot opt out of coverage requirements.

How much will I receive in benefits?

Temporary total disability (TTD) benefits are 66.67% of average weekly wage [§ 65.2-500]. Benefits continue up to 500 weeks from date of injury [§ 65.2-500].

What is the exclusive remedy rule?

The [def:exclusive remedy] doctrine means workers' compensation is generally your only remedy against your employer for workplace injuries [§ 65.2-307]. You typically cannot sue your employer separately for the same injury.

OverviewUpdated 2026-02-27

Virginia Workers' Compensation Guide — Benefits, Claims & Rights

Workers' compensation coverage, benefits, filing deadlines, and dispute resolution in Virginia.

Jump to:

Filing a Workers' Comp Claim in Virginia — Steps & Deadlines Workers' Comp Benefits — TTD, PPD & Medical Coverage Denied Workers' Comp Claims in Virginia — Your Options Workers' Comp Retaliation — Know Your Rights Independent Medical Exams (IME) in Virginia Workers' Comp Workers' Comp Settlements & Hearings — What to Expect

How Workers' Comp Claims Work

Workers' compensation is a no-fault system — you do not have to prove your employer was negligent to receive benefits. But the process still requires specific steps in a specific order: reporting the injury, filing a formal claim, and getting treatment through authorized providers. If the insurer disputes your claim, the process shifts to hearings and appeals. Acting quickly matters, because most states impose strict deadlines for reporting and filing.

⚠️

Injury Occurs

workplace accident

📄

Report to Employer

notify promptly

📋

File Claim

submit to insurer

🏥

Medical Treatment

authorized providers

✅

Benefits Paid

wage & medical

If Claim Is Disputed

❌

Claim Denied

insurer rejects claim

🏛️

Appeal / Hearing

before workers' comp board

💰

Settlement

lump sum or structured

High-level illustration only. Timelines, procedures, and benefits vary by state and employer.

Who Is Covered?

Virginia requires workers' compensation insurance for 3 or more employees (including part-time) §65.2-101. The Exclusive remedy doctrine means that in most cases, workers' comp is your sole remedy against your employer for workplace injuries §65.2-307.

Key Deadlines

Report the injury to your employer within 30 days from date of accident; employer must report to the Commission within 10 days §65.2-600

File a formal claim within 2 years from date of accident §65.2-601

Attend all medical appointments and follow treatment plans

Cooperate with any independent medical examination requests

⚠Missing these deadlines can result in losing your right to benefits entirely. Report your injury as soon as possible.

Benefit Overview

Workers' compensation in Virginia provides several categories of benefits:

	Description
Temporary Total Disability (TTD)	66.67% of average weekly wage; Up to 500 weeks from date of injury §65.2-500
Permanent Partial Disability (PPD)	Yes; scheduled benefits for specific body members; permanent total disability for qualifying injuries §65.2-503
Death Benefits	66.67% of average weekly wage to dependents; burial expenses up to $15,000 (adjusted annually for CPI beginning 2028) §65.2-512
Medical Treatment	All reasonable and necessary medical care related to the work injury

Medical Treatment

Employee selects the treating physician from a panel of at least three physicians provided by the employer; employee may request a change through the Commission §65.2-603. All reasonable and necessary medical treatment causally related to the workplace injury must be covered by the employer or insurer.

✓Keep detailed records of every medical visit, prescription, and work restriction related to your injury. This documentation is critical if your claim is disputed.

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