Hiring a Workers' Compensation Lawyer in Virginia
The limits on workers' comp lawyer fees in Virginia, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Virginia: fee rules
| Rules on contingency fees | Under Virginia Rule of Professional Conduct 1.5(c), a fee may be contingent on the outcome unless paragraph (d) or other law prohibits it; a contingent fee agreement must be in writing and describe how the fee is calculated, and at the end the lawyer must give the client a written statement of the outcome and any remittance. Rule 1.5(d) bars contingent fees in domestic relations matters except in rare instances, and for defending a criminal case. Rule 1.5(b) requires the fee to be adequately explained, and for new clients the amount, basis or rate should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Virginia State Bar's Fee Dispute Resolution Program is a voluntary program to help attorneys and clients resolve disputes over fees and costs for legal services by a Virginia lawyer. Both sides must agree; mediation is non-binding, and binding arbitration (enforceable by the circuit court) is available if mediation fails. It cannot hear disputes already decided by a court, or pending in court unless both parties agree in writing and the case is nonsuited or stayed. The petitioner pays a one-time, nonrefundable $20 administrative fee. Start with the online Request for Agreement to Participate form or the fee dispute hotline at (804) 775-9423, then send the Agreement to Participate and the $20 check to the assigned Circuit Committee Chair. |
| If a lawyer takes your money | The Virginia State Bar's Clients' Protection Fund may reimburse a documented financial loss caused by a Virginia lawyer's dishonest conduct (not negligence or malpractice) arising from a lawyer-client or fiduciary relationship. The lawyer must be disbarred, suspended, transferred to another membership class during a disciplinary proceeding, resigned, deceased, adjudicated incompetent, discharged in bankruptcy, or unlocatable. Awards are discretionary and the Fund is a last resort. File within seven years from when you knew or should have known of the loss, using the English-language petition for reimbursement, by mail or email; questions (804) 775-0572. |
Virginia rules to know first
| Lawyer fee limits | In Virginia, only an attorney may charge a fee to represent an injured worker, and attorney fees are set by the Workers' Compensation Commission and deducted from the award if you win. You may represent yourself. Free state help: workers without a lawyer can call the Commission's Ombuds Department at 833-448-1681 (ombuds@workcomp.virginia.gov); the ombuds can't give legal advice, but conversations are confidential. |
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| Deadline to file a claim | The right to compensation is forever barred unless a claim is filed with the Virginia Workers' Compensation Commission within two years after the accident. Notifying the employer is not the same as filing a claim, and a claim must be filed even if the employer or insurer has paid voluntarily. For death benefits, a claim must have been filed within two years of the accident and the death claim within two years of the death. Most occupational disease claims must be filed within two years of being told the disease is work-related and within five years of the last exposure. |
| Deadline to challenge a denial | A claim must be filed with the Virginia Workers' Compensation Commission within two years after the accident. A party may ask the full Commission to review a deputy commissioner's award by filing an application for review within 30 days after the award is issued (the other side then has 14 more days for its own application). A notice of appeal of the full Commission's award to the Court of Appeals must be filed with the Commission's clerk within 30 days from the date of the award. |
| Can you sue your employer? | Generally no. When the employer and employee are under the Workers' Compensation Act, the worker's rights and remedies under the Act exclude all other rights and remedies of the worker and family, at common law or otherwise. An employer that fails to carry required insurance can be sued (see uninsured_employer). Owners and contractors that are 'statutory employers' of a subcontractor's worker are also liable for comp benefits. Section 65.2-307 as read states no intentional-injury exception; none is described here. |
| Suing someone other than your employer | Yes. A workers' comp claim creates a lien for the employer on any verdict or settlement the worker obtains from another party responsible for the injury, and the employer is subrogated to the worker's rights and may sue the third party in its own or the worker's name. Any amount the employer collects beyond what it paid or owes is held for the worker, less a proportionate share of expenses and attorney's fees. The employer may not compromise its subrogation claim without approval of the Commission and the worker; if the worker receives settlement proceeds without satisfying the lien, the employer may take a credit against future benefits or sue to recover. Source: Va. Code § 65.2-309 |
| Filing a claim online | If your claim is denied or the employer/carrier won't pay, first talk to the insurance carrier or self-insured employer; if that doesn't resolve it, file a Claim Form (written request for a hearing) with the Virginia Workers' Compensation Commission, 333 E. Franklin St., Richmond, Virginia 23219. You generally must file within two years of the accident, and you still must file even if the employer/carrier has voluntarily paid wages or medical bills and no Award Order was entered. Commission Customer Contact Center: 877-664-2566, questions@workcomp.virginia.gov. |
Find and check a lawyer
| Lawyer referral service | The Virginia State Bar's Virginia Lawyer Referral Service (VLRS) refers callers to practicing VSB members who have joined its panel. Call (800) 552-7977 (statewide and nationwide toll-free) or (804) 775-0808 (metro Richmond), Monday-Friday, 9am-5pm. A $35.00 non-refundable referral fee, collected by VLRS when you are referred, entitles you to a consultation of up to 30 minutes (by phone or in person) with a VLRS lawyer; neither side is obligated to continue beyond it. The fee is waived for criminal record sealing referrals from July 1, 2026 through June 30, 2027. In Northern Virginia, local bar programs (Fairfax, Alexandria, Prince William) may also help. |
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| Check discipline history or file a complaint | Complaints that a Virginia lawyer violated the Rules of Professional Conduct go to the Virginia State Bar's Intake Office. File in writing only: by the online form, by emailing the downloadable complaint form, or by letter to Intake Office, 1111 East Main, Suite 700, Richmond, VA 23219-0026. Include your full name, mailing address, email and phone, the lawyer's full name and address (complaints against firms are not accepted), a brief but complete description of the facts, and your signature; send copies only, no more than 25 pages. If the complaint does not describe misconduct you are notified in writing; if it does, it goes to the Office of Bar Counsel and a staff attorney contacts you. Complaints are confidential except, for example, when public discipline results. Main line: (804) 775-0500. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Virginians is provided by regional legal aid societies. The Legal Services Corporation (LSC) lists six Virginia grantees: Blue Ridge Legal Services, Central Virginia Legal Aid Society, Legal Aid Society of Eastern Virginia, Legal Services of Northern Virginia, Southwest Virginia Legal Aid Society, and Virginia Legal Aid Society. |
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All legal help in Virginia · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.