Virginia Workers' Compensation: Deadlines, Benefits and How to File
Virginia workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Virginia
- Deadline to report the injury
- The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. Va. Code § 65.2-600; Virginia Workers' Compensation Commission, Injured Workers
- 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. Va. Code § 65.2-601; Virginia Workers' Compensation Commission, Injured Workers
- Weekly benefit rate
- Temporary total disability is 66⅔% of the employee's average weekly wage, with a minimum of 25% and a maximum of 100% of the state average weekly wage, but never more than the employee's own average weekly wage. Va. Code § 65.2-500
- Maximum weekly benefit
- Effective July 1, 2026, the maximum weekly compensation rate is $1,507.01 and the minimum is $376.75. For injuries from July 1, 2025, the maximum was $1,463.10 and the minimum $365.78. Virginia Workers' Compensation Commission, Rates (Min-Max Benefits, COLA, Mileage)
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Employers with more than two employees (full- or part-time) must carry workers' compensation insurance. The law does not cover employees of a business that regularly has fewer than three employees in Virginia (unless they elect coverage; this exemption does not apply to underground coal mine operators), casual employees, domestic servants, farm and horticultural laborers unless the employer regularly has more than three full-time employees, and certain interstate railroad workers. |
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| Deadline to report the injury | The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. No compensation or medical benefits are payable unless written notice is given within 30 days after the accident, unless the employee has a reasonable excuse and the employer was not prejudiced. The Commission says occupational diseases must be reported within 60 days of when the disease is communicated. |
| 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. |
| Waiting period | No compensation is paid for the first seven calendar days of incapacity (medical care is still provided); if incapacity lasts longer, compensation starts on the eighth day. If incapacity continues for more than three weeks, compensation is paid from the first day. Source: Va. Code § 65.2-509 |
Benefits
| Weekly benefit rate | Temporary total disability is 66⅔% of the employee's average weekly wage, with a minimum of 25% and a maximum of 100% of the state average weekly wage, but never more than the employee's own average weekly wage. Rates are set by the date of injury. Source: Va. Code § 65.2-500 |
|---|---|
| Maximum weekly benefit | Effective July 1, 2026, the maximum weekly compensation rate is $1,507.01 and the minimum is $376.75. For injuries from July 1, 2025, the maximum was $1,463.10 and the minimum $365.78. A cost-of-living adjustment of 2.65% takes effect Oct. 1, 2026 for eligible benefits. |
| How long benefits last | Total compensation payable under the Virginia Workers' Compensation Act may not exceed 500 weeks, and the total amount may not exceed 500 times the Commonwealth's average weekly wage for the applicable year. This cap does not apply to permanent and total incapacity as defined in § 65.2-503(C), certain permanent disability under § 65.2-504(A)(4), or death from coal worker's pneumoconiosis. Weekly compensation for permanent total incapacity continues for the injured employee's lifetime without limit as to total amount. Lifetime permanent total incapacity language: https://law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-500/ |
| Permanent disability | Permanent partial disability is paid at 66⅔% of the average weekly wage for a number of weeks set in a statutory schedule for loss or loss of use of body parts (for example, 60 weeks for a thumb), along with disfigurement, hearing and vision loss. Permanent and total incapacity is compensated at the total disability rate for loss (or loss of use) of both hands, arms, feet, legs or eyes, or any two of them; practically total paralysis; or a brain injury so severe the employee is permanently unemployable. |
| Death benefits | If an accident causes death within nine years, the employer pays weekly compensation of 66⅔% of the employee's average weekly wage (between 25% and 100% of the state average weekly wage) to those presumed wholly dependent, for 500 weeks from the date of injury, with other rules for partial dependents. The employer also pays burial expenses up to $15,000 and transportation of the body up to $1,000; these amounts are to be adjusted for inflation beginning Jan. 1, 2028. Source: Va. Code § 65.2-512 |
Doctors, filing, settlements and appeals
| Choosing a doctor | The employer must provide, free of charge, a treating physician chosen by the injured employee from a panel of at least three physicians selected by the employer, plus other necessary medical care for as long as needed. The Commission may order a change in medical or hospital services; workers can request a panel of physicians through the Commission's claim process. |
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| How to file | Report the injury to your employer immediately (no later than 30 days). To protect your rights you must also file a Claim Form with the Virginia Workers' Compensation Commission, online through WebFile, by fax (804-823-6956), by mail (333 E. Franklin St., Richmond, VA 23219) or in person at a Commission office. If the employer or insurer denies the claim, you may send a written request for a hearing; the Commission does not charge for hearings. Questions: 877-664-2566. |
| Settlements | Virginia law allows and encourages settlements between the employee and employer, as long as the amount of compensation and the time and manner of payment are approved by the Virginia Workers' Compensation Commission. The Commission may approve a settlement only when it is clearly of the opinion that the best interests of the employee or dependents will be served. An approved agreement is binding and enforceable as an award; an agreement that is not approved is void. A settlement made while an appeal is pending in the Court of Appeals takes effect only with Commission approval. Source: Va. Code § 65.2-701 |
| Appealing a denial | A deputy commissioner's award can be reviewed by the full Commission if an application for review is made within 30 days after the award is issued. An appeal from the full Commission goes to the Court of Appeals of Virginia; the notice of appeal must be filed with the Commission's clerk within 30 days of the award. No appeal can be taken from one commissioner's decision until the full Commission has reviewed it. Source: Va. Code §§ 65.2-705, 65.2-706 |
| 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. |
| Retaliation for filing | No employer may fire an employee solely because the employee intends to file or has filed a workers' compensation claim, or has testified or is about to testify in a proceeding (firing someone for a fraudulent claim is not a violation). The employee may sue in circuit court, which may order actual damages, attorney's fees, and rehiring or reinstatement with back pay plus interest. Source: Va. Code § 65.2-308 |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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. |
Lawsuits and uninsured employers
| Suing 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. |
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| 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 |
| If your employer has no workers' comp | An employer that fails to carry required coverage faces a civil penalty of up to $250 a day (maximum $50,000) and, while out of compliance, is liable to an injured worker either for comp benefits or in a lawsuit for damages, where it cannot defend on the grounds of the worker's negligence, a co-worker's negligence, or assumption of risk. If the Commission finds the employer uninsured and the claim compensable, it makes a provisional and then final award paid from the Uninsured Employer's Fund. |
Where to get help in Virginia
Workers' Compensation FAQ
Which employers must have workers' comp in Virginia?
Employers with more than two employees (full- or part-time) must carry workers' compensation insurance. The law does not cover employees of a business that regularly has fewer than three employees in Virginia (unless they elect coverage; this exemption does not apply to underground coal mine operators), casual employees, domestic servants, farm and horticultural laborers unless the employer regularly has more than three full-time employees, and certain interstate railroad workers.
How long do you have to report a work injury in Virginia?
The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. No compensation or medical benefits are payable unless written notice is given within 30 days after the accident, unless the employee has a reasonable excuse and the employer was not prejudiced. The Commission says occupational diseases must be reported within 60 days of when the disease is communicated.
What is the deadline to file a workers' comp claim in Virginia?
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.
Is there a waiting period for workers' comp in Virginia?
No compensation is paid for the first seven calendar days of incapacity (medical care is still provided); if incapacity lasts longer, compensation starts on the eighth day. If incapacity continues for more than three weeks, compensation is paid from the first day.
How much does workers' comp pay in Virginia?
Temporary total disability is 66⅔% of the employee's average weekly wage, with a minimum of 25% and a maximum of 100% of the state average weekly wage, but never more than the employee's own average weekly wage. Rates are set by the date of injury.
What is the maximum workers' comp benefit in Virginia?
Effective July 1, 2026, the maximum weekly compensation rate is $1,507.01 and the minimum is $376.75. For injuries from July 1, 2025, the maximum was $1,463.10 and the minimum $365.78. A cost-of-living adjustment of 2.65% takes effect Oct. 1, 2026 for eligible benefits.
Can you choose your own doctor for workers' comp in Virginia?
The employer must provide, free of charge, a treating physician chosen by the injured employee from a panel of at least three physicians selected by the employer, plus other necessary medical care for as long as needed. The Commission may order a change in medical or hospital services; workers can request a panel of physicians through the Commission's claim process.
How does permanent disability work under workers' comp in Virginia?
Permanent partial disability is paid at 66⅔% of the average weekly wage for a number of weeks set in a statutory schedule for loss or loss of use of body parts (for example, 60 weeks for a thumb), along with disfigurement, hearing and vision loss. Permanent and total incapacity is compensated at the total disability rate for loss (or loss of use) of both hands, arms, feet, legs or eyes, or any two of them; practically total paralysis; or a brain injury so severe the employee is permanently unemployable.
What workers' comp death benefits are available in Virginia?
If an accident causes death within nine years, the employer pays weekly compensation of 66⅔% of the employee's average weekly wage (between 25% and 100% of the state average weekly wage) to those presumed wholly dependent, for 500 weeks from the date of injury, with other rules for partial dependents. The employer also pays burial expenses up to $15,000 and transportation of the body up to $1,000; these amounts are to be adjusted for inflation beginning Jan. 1, 2028.
How do you file a workers' comp claim in Virginia?
Report the injury to your employer immediately (no later than 30 days). To protect your rights you must also file a Claim Form with the Virginia Workers' Compensation Commission, online through WebFile, by fax (804-823-6956), by mail (333 E. Franklin St., Richmond, VA 23219) or in person at a Commission office. If the employer or insurer denies the claim, you may send a written request for a hearing; the Commission does not charge for hearings. Questions: 877-664-2566.
How do you appeal a denied workers' comp claim in Virginia?
A deputy commissioner's award can be reviewed by the full Commission if an application for review is made within 30 days after the award is issued. An appeal from the full Commission goes to the Court of Appeals of Virginia; the notice of appeal must be filed with the Commission's clerk within 30 days of the award. No appeal can be taken from one commissioner's decision until the full Commission has reviewed it.
Can you be fired for filing workers' comp in Virginia?
No employer may fire an employee solely because the employee intends to file or has filed a workers' compensation claim, or has testified or is about to testify in a proceeding (firing someone for a fraudulent claim is not a violation). The employee may sue in circuit court, which may order actual damages, attorney's fees, and rehiring or reinstatement with back pay plus interest.
How long can you receive workers' comp in Virginia?
Total compensation payable under the Virginia Workers' Compensation Act may not exceed 500 weeks, and the total amount may not exceed 500 times the Commonwealth's average weekly wage for the applicable year. This cap does not apply to permanent and total incapacity as defined in § 65.2-503(C), certain permanent disability under § 65.2-504(A)(4), or death from coal worker's pneumoconiosis. Weekly compensation for permanent total incapacity continues for the injured employee's lifetime without limit as to total amount.
How do workers' comp settlements work in Virginia?
Virginia law allows and encourages settlements between the employee and employer, as long as the amount of compensation and the time and manner of payment are approved by the Virginia Workers' Compensation Commission. The Commission may approve a settlement only when it is clearly of the opinion that the best interests of the employee or dependents will be served. An approved agreement is binding and enforceable as an award; an agreement that is not approved is void. A settlement made while an appeal is pending in the Court of Appeals takes effect only with Commission approval.
How do I file or check a workers' comp claim online in Virginia?
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.
How much can a workers' comp lawyer charge in Virginia?
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.
Can you sue your employer for a work injury in Virginia?
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.
Can you sue a third party for a work injury in Virginia?
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.
What if my employer doesn't have workers' comp insurance in Virginia?
An employer that fails to carry required coverage faces a civil penalty of up to $250 a day (maximum $50,000) and, while out of compliance, is liable to an injured worker either for comp benefits or in a lawsuit for damages, where it cannot defend on the grounds of the worker's negligence, a co-worker's negligence, or assumption of risk. If the Commission finds the employer uninsured and the claim compensable, it makes a provisional and then final award paid from the Uninsured Employer's Fund.
How long do you have to appeal a denied workers' comp claim in Virginia?
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.
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