How do I file a workers' compensation claim in Virginia?

Virginia workers' comp is governed by Va. Code Title 65.2, administered by the Virginia Workers' Compensation Commission.

1. Coverage

Required for employers with 3 or more employees (Va. Code § 65.2-101). All employers with 1+ employee in construction trades when subcontracting must carry coverage. Excluded: domestic servants, certain farm laborers, casual employees, federal workers, and qualifying independent contractors.

2. Notice to Employer

Notice within 30 days of injury (Va. Code § 65.2-600). Late notice may be excused if no prejudice.

3. Claim Filing

File a Claim for Benefits with the VWC within 2 years of injury (Va. Code § 65.2-601). This is a strict jurisdictional deadline — late filing bars the claim absent imposition or estoppel.

4. Benefits

Medical lifetime if causally related. Temporary Total Disability pays 66 2/3% of average weekly wage up to state max (about $1,338/week for 2026), limited to 500 weeks total disability under § 65.2-518. Permanent Partial under § 65.2-503 schedule. Permanent Total for catastrophic injuries (loss of both eyes, both hands, etc.) is lifetime. Death benefits 500 weeks plus burial up to $10,000.

5. Independent Medical Exam (IME)

Carrier may require IME under § 65.2-607. Unreasonable refusal suspends benefits.

6. Choice of Doctor

Employer offers a Panel of three physicians under § 65.2-603; employee selects one as the treating doctor. After selection, the physician directs all care and referrals.

7. Denied Claim / Appeal

Deputy Commissioner holds an evidentiary hearing. Appeal to the Full Commission within 30 days, then to the Court of Appeals of Virginia (§ 65.2-706).

8. Third-Party Suit

Section 65.2-309 preserves third-party rights. Carrier has subrogation lien for benefits paid. Employer's immunity extends to "statutory employers" (general contractors over subs).

This is legal information, not legal advice.