How Much Workers' Comp Pays in Virginia
How Virginia calculates weekly workers' comp benefits, the current maximum, the waiting period and permanent disability.
Short answer: 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
| 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 |
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| 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/ |
| 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 |
| 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. |
Where to get help in Virginia
More Virginia workers' compensation
- Filing a Workers' Comp Claim in Virginia
- Workers' Comp Settlements in Virginia
- Retaliation for Filing Workers' Comp in Virginia
- Suing Over a Work Injury in Virginia
- Appealing a Denied Workers' Comp Claim in Virginia
- All Virginia workers' compensation rules
FAQ
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.
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.
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 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.
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.