Key Takeaways
- Virginia workers' compensation is mandatory for employers with 3 or more employees
- Virginia follows the NCCI system for workers' compensation classification and rating
- The Virginia Workers' Compensation Commission administers the workers' comp system
- Employers can obtain coverage through private insurers, self-insurance, or assigned risk pool
- Benefits include medical care, temporary disability, permanent disability, and death benefits
Virginia Workers' Compensation Insurance
Virginia has a comprehensive workers' compensation system administered by the Virginia Workers' Compensation Commission.
Mandatory Coverage
Virginia requires workers' compensation for employers with 3 or more employees:
Who Must Be Covered
| Employer Size | Coverage Required |
|---|---|
| 3+ employees | Yes |
| 1-2 employees | Generally voluntary |
| Household workers | Subject to threshold |
| Farm workers | Some exemptions |
Covered Employees
| Worker Type | Coverage Required |
|---|---|
| Full-time employees | Yes |
| Part-time employees | Yes (count toward threshold) |
| Seasonal workers | Yes (count toward threshold) |
| Independent contractors | Generally no (but classification matters) |
Important: Virginia's threshold is 3 employees, unlike some states that require coverage with just 1 employee.
Obtaining Coverage
Virginia employers have options for workers' comp coverage:
Coverage Options
| Option | Description |
|---|---|
| Private Insurance | Purchase from admitted insurer |
| Self-Insurance | Large employers may self-insure with Commission approval |
| Assigned Risk Pool | For employers unable to obtain coverage |
| Group Self-Insurance | Trade associations may form groups |
NCCI Involvement
Virginia follows National Council on Compensation Insurance (NCCI) standards:
- Classification codes
- Experience modification ratings
- Loss cost filings
- Statistical reporting
Virginia Workers' Compensation Commission
The Virginia Workers' Compensation Commission administers the system:
Commission Functions
- Adjudicate disputed claims
- Approve settlements
- Monitor compliance
- Maintain claims records
- Oversee self-insurers
Claims Process
- Injury occurs - Employee reports to employer
- Employer reports - Files claim with insurer
- Benefits provided - Medical and wage replacement
- Disputes - Resolved by Commission
Benefits
Virginia workers' comp provides comprehensive benefits:
Benefit Types
| Benefit | Description |
|---|---|
| Medical Care | All reasonable medical treatment |
| Temporary Total Disability | 66 2/3% of average weekly wage |
| Temporary Partial Disability | 66 2/3% of wage difference |
| Permanent Partial Disability | Based on impairment rating |
| Permanent Total Disability | 66 2/3% of wage, lifetime |
| Death Benefits | To dependents |
Benefit Limits
- Maximum weekly benefit tied to state average weekly wage
- Minimum weekly benefit also applies
- Benefits updated annually
Penalties for Non-Compliance
Virginia has penalties for uninsured employers:
| Penalty | Details |
|---|---|
| Civil Penalty | Up to $250 per day |
| Criminal Penalty | Class 2 misdemeanor |
| Personal Liability | Employer liable for claims |
| Stop Work Order | Commission may issue |
Exclusive Remedy
Workers' compensation is the exclusive remedy:
- Employees cannot sue employer for work injuries
- Exception for intentional torts
- Third parties may still be sued
- Subrogation rights apply
How many employees must a Virginia employer have before workers' compensation is mandatory?
What organization provides classification codes and experience modification ratings for Virginia workers' compensation?