The Virginia workers compensation act — formally the Virginia Virginia Workers’ Compensation Act (first enacted as the “Virginia Workmen’s Compensation Act”), found at Code of Virginia Title 65.2 (§ 65.2-100 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Virginia workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Virginia at a Glance
| Official name | Virginia Workers’ Compensation Act (first enacted as the “Virginia Workmen’s Compensation Act”) |
| Where it lives | Code of Virginia Title 65.2 (§ 65.2-100 et seq.) |
| First enacted | 1918 (enacted March 21, 1918; the Industrial Commission of Virginia began operating January 1, 1919) |
| Reporting deadline | Written notice to the employer within 30 days of the accident (§ 65.2-600) |
| Filing deadline | A claim must be filed with the Commission within 2 years after the accident or the right is “forever barred” (§ 65.2-601). Occupational disease timing falls under § 65.2-406. |
| Exclusive remedy | § 65.2-307(A) makes the Act’s benefits the employee’s only remedy against the employer. Subsection (B) lets an employer voluntarily pay more than the Act requires. Two other paths exist: § 65.2-309 and § 65.2-310 allow suits against negligent third parties, and § 65.2-805 lets a worker sue an uninsured employer at law. |
| Recent amendments | 2024, effective July 1, 2024: SB 241 added § 65.2-601.3, which requires written claim denials to include unaltered notice telling the worker how to contact the Commission to dispute the denial. Also effective July 1, 2024, § 65.2-605.1 was amended so an employer or insurer must seek repayment of a provider payment within 1 year of making it. 2025, effective July 1, 2025: § 65.2-402 was amended to add a throat-cancer occupational disease presumption for diseases diagnosed on or after July 1, 2025. 2026, effective July 1, 2026: HB 130 (Ch. 594) extends the § 65.2-402 cancer presumption to sheriffs and deputy sheriffs with 5 years of service. HB 426 (Ch. 923) amends § 65.2-313 so lifetime medical and ongoing indemnity awards stay in force after a third-party recovery. HB 572 (Ch. 174) has the Uninsured Employer’s Fund pay its own administrative costs. HB 1313 extends first-responder PTSD coverage to qualifying events with no physical injury that occur on or after January 1, 2027. Confirm the final chapter text on lis.virginia.gov. |
In This Virginia Guide:
What the Virginia Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Virginia workers compensation act dates to 1918 (enacted March 21, 1918; the Industrial Commission of Virginia began operating January 1, 1919).
It lives at Code of Virginia Title 65.2 (§ 65.2-100 et seq.), and the official text is linked in the sources. Virginia uses a Commission, not a board or division, created in 1918 as the Industrial Commission. § 65.2-601.3 requires specific denial-letter language. § 65.2-402 gives first responders presumptions for certain heart, lung, and cancer conditions, and that list keeps growing.
The Uninsured Employer’s Fund (§ 65.2-1200 et seq.) can pay benefits when an employer is uninsured. Yearly maximum and minimum rates and the COLA are published at workcomp.virginia.gov/documents/rates-min-max-benefits-cola-mileage. Many claimants should confirm their specific situation with the Commission and a licensed attorney.
Who the Virginia Workers Compensation Act Covers
§ 65.2-800 requires employers to insure, read with § 65.2-101, which excludes employers with fewer than 3 employees regularly in service in the same business in Virginia.
In practice, employers with 3 or more employees must carry coverage. § 65.2-101, the “employee” definition, lists who is excluded, such as employers with fewer than 3 regular employees unless they choose to be covered, casual employees, domestic servants, and certain farm and horticultural laborers.
Deadlines in the Virginia Workers Compensation Act
Waiting period: § 65.2-509 sets a 7-day waiting period. Those 7 days are paid back if the disability lasts more than 21 days.. Wage-loss rate: § 65.2-500 sets temporary total benefits at 66 2/3 percent of the average weekly wage, within the yearly maximum and minimum the Commission publishes..
Virginia Workers Compensation Act: Key Sections at a Glance
The sections of the Virginia workers compensation act that decide most cases, each with its citation:
| Coverage mandate | § 65.2-800 requires employers to insure, read with § 65.2-101, which excludes employers with fewer than 3 employees regularly in service in the same business in Virginia. In practice, employers with 3 or more employees must carry coverage. |
| Exemptions | § 65.2-101, the “employee” definition, lists who is excluded, such as employers with fewer than 3 regular employees unless they choose to be covered, casual employees, domestic servants, and certain farm and horticultural laborers. |
| Report an injury | Written notice to the employer within 30 days of the accident (§ 65.2-600) |
| File a claim | A claim must be filed with the Commission within 2 years after the accident or the right is “forever barred” (§ 65.2-601). Occupational disease timing falls under § 65.2-406. |
| Waiting period | § 65.2-509 sets a 7-day waiting period. Those 7 days are paid back if the disability lasts more than 21 days. |
| Wage-loss rate | § 65.2-500 sets temporary total benefits at 66 2/3 percent of the average weekly wage, within the yearly maximum and minimum the Commission publishes. |
| Exclusive remedy | § 65.2-307(A) makes the Act’s benefits the employee’s only remedy against the employer. Subsection (B) lets an employer voluntarily pay more than the Act requires. Two other paths exist: § 65.2-309 and § 65.2-310 allow suits against negligent third parties, and § 65.2-805 lets a worker sue an uninsured employer at law. |
| Retaliation | § 65.2-308 bars firing an employee solely for filing or planning to file a claim, or for testifying. The worker can sue in circuit court within 2 years. The court may award actual damages, attorney’s fees, and rehiring or reinstatement with back pay plus interest. Firing someone over a fraudulent claim is not a violation. |
| Uninsured employer penalty | § 65.2-805 sets a civil penalty of up to 250 per day of noncompliance, capped at 50000 plus costs. The uninsured employer also stays liable to injured employees, either for compensation or in a suit at law for damages. |
| Who hears disputes | The Virginia Workers’ Compensation Commission hears disputed claims. A deputy commissioner hears the claim first, then the full Commission can review it (§ 65.2-700 et seq.). Further appeals go to the Court of Appeals of Virginia (§ 65.2-706). |
The Exclusive-Remedy Bargain in the Virginia Workers Compensation Act
§ 65.2-307(A) makes the Act’s benefits the employee’s only remedy against the employer. Subsection (B) lets an employer voluntarily pay more than the Act requires. Two other paths exist: § 65.2-309 and § 65.2-310 allow suits against negligent third parties, and § 65.2-805 lets a worker sue an uninsured employer at law.
Retaliation and Penalties Under the Virginia Workers Compensation Act
§ 65.2-308 bars firing an employee solely for filing or planning to file a claim, or for testifying. The worker can sue in circuit court within 2 years. The court may award actual damages, attorney’s fees, and rehiring or reinstatement with back pay plus interest.
Firing someone over a fraudulent claim is not a violation. § 65.2-805 sets a civil penalty of up to 250 per day of noncompliance, capped at 50000 plus costs. The uninsured employer also stays liable to injured employees, either for compensation or in a suit at law for damages. The Virginia Workers’ Compensation Commission hears disputed claims.
A deputy commissioner hears the claim first, then the full Commission can review it (§ 65.2-700 et seq.). Further appeals go to the Court of Appeals of Virginia (§ 65.2-706).
Recent Amendments to the Virginia Workers Compensation Act
2024, effective July 1, 2024: SB 241 added § 65.2-601.3, which requires written claim denials to include unaltered notice telling the worker how to contact the Commission to dispute the denial. Also effective July 1, 2024, § 65.2-605.1 was amended so an employer or insurer must seek repayment of a provider payment within 1 year of making it.
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2025, effective July 1, 2025: § 65.2-402 was amended to add a throat-cancer occupational disease presumption for diseases diagnosed on or after July 1, 2025. 2026, effective July 1, 2026: HB 130 (Ch. 594) extends the § 65.2-402 cancer presumption to sheriffs and deputy sheriffs with 5 years of service. HB 426 (Ch.
923) amends § 65.2-313 so lifetime medical and ongoing indemnity awards stay in force after a third-party recovery. HB 572 (Ch. 174) has the Uninsured Employer’s Fund pay its own administrative costs. HB 1313 extends first-responder PTSD coverage to qualifying events with no physical injury that occur on or after January 1, 2027. Confirm the final chapter text on lis.virginia.gov.
How to Read the Virginia Workers Compensation Act
Statute pages are written for lawyers, so read the Virginia workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Virginia workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Virginia claim guide turns these sections into steps and dates, and the Virginia requirements guide covers the employer side.
Frequently Asked Questions
Where is the Virginia workers compensation act in the code?
Code of Virginia Title 65.2 (§ 65.2-100 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the Virginia act?
Written notice to the employer within 30 days of the accident (§ 65.2-600). Report in writing as soon as possible either way.
Can I sue my employer instead of using the Virginia workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Virginia Sources & Resources
- Virginia Virginia Workers’ Compensation Commission (VWC): https://workcomp.virginia.gov
- Virginia Workers’ Comp Statute: https://law.lis.virginia.gov/vacodefull/title65.2/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Virginia workers compensation act guide was last verified against official Virginia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.