Workers' Comp Settlements in Virginia
Whether a workers' comp claim can be settled in Virginia, who must approve the settlement, and how long benefits can last.
Short answer: 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. Va. Code § 65.2-701
| 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 |
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| 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/ |
| 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. |
Where to get help in Virginia
More Virginia workers' compensation
- Filing a Workers' Comp Claim in Virginia
- How Much Workers' Comp Pays 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 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 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 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.
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.