How do I file a workers compensation claim in Virginia?

Virginia workers' compensation is administered by the Virginia Workers' Compensation Commission (VWC) under Va. Code Title 65.2 (Virginia Workers' Compensation Act).

1. Who Is Covered

Employers with 3 or more employees (regularly in service) must carry workers' comp (Va. Code § 65.2-101 et seq.).

Includes part-time and seasonal workers.

Sole proprietors, partners, and corporate officers may opt out.

Subcontractors' employees: the statutory employer (general contractor) is liable if subcontractor lacks coverage (§ 65.2-302).

2. Notice to Employer — 30 Days

Under Va. Code § 65.2-600, give notice to the employer within 30 days of the accident.

Notice may be oral or written; failure may bar the claim unless excused (employer had knowledge, no prejudice).

3. Filing Deadline — 2 Years (Strict)

File VWC-Form 5 Claim for Benefits with the Commission within 2 years of the date of injury (Va. Code § 65.2-601).

Virginia's 2-year statute is strictly enforced — even if the employer pays voluntary benefits, you must still file within 2 years.

4. Weekly Benefit Calculation

Temporary Total Disability (TTD): 66 2/3% of AWW (Va. Code § 65.2-500).

2024 maximum TTD: approximately $1,343/week (100% of SAWW); minimum: 25% of SAWW.

Temporary Partial Disability (TPD): 66 2/3% of the difference between pre- and post-injury AWW.

Permanent Partial Disability (PPD): scheduled weeks per body part at TTD rate.

5. Maximum Benefit Period

TTD/TPD combined: capped at 500 weeks (Va. Code § 65.2-518).

Permanent Total Disability (PTD): lifetime for catastrophic injuries (loss of both eyes, both feet, severe brain damage, etc.) (§ 65.2-503(C)).

PPD scheduled losses: fixed weeks per body part.

6. Medical Treatment — Panel of 3 Physicians

The employer must offer a Panel of 3 Physicians from which the employee must choose one treating physician (Va. Code § 65.2-603).

Once chosen, that doctor controls treatment; referrals require employer/carrier approval.

If the employer fails to offer a valid panel, the employee may choose any doctor.

7. Choice of Doctor

Restricted — must select from the employer's panel of 3.

8. Attorney Fees

Set by the Commission as a reasonable fee, typically 20-25% of the award under Va. Code § 65.2-714; subject to Commission approval.

9. Cost of Living Adjustment (COLA)

TTD benefits over 1 year may receive an annual COLA (Va. Code § 65.2-709).

10. Retaliation

Va. Code § 65.2-308 prohibits retaliatory discharge for filing a workers' comp claim.

This is legal information, not legal advice.