Virginia workers comp requirements decide exactly when an employer must carry coverage, who counts toward the threshold, and the penalty for going without. This guide breaks down the Virginia workers comp requirements in plain English. (Injured instead of hiring? See our Virginia settlement and claim guides linked below.) All figures are from Virginia sources, verified as of June 2026.
Virginia at a Glance
| Required at | 3 employee(s) |
| Which workers count | Coverage is triggered when a business regularly has more than two (i.e., 3 or more) employees in service. Full-time, part-time, seasonal, temporary, minors, trainees, and working family members all count. Virginia has no special construction-from-first-employee rule, but a contractor must add the employees of its subcontractors to its own headcount — if the combined total is more than two, coverage is required. |
| Who is exempt | A sole proprietor with no employees and no subcontractors is not required to carry coverage. Domestic servants employed by a household (no numerical limit) are exempt, but a business performing work in customers’ homes cannot claim this exemption. Casual and agricultural employees are exempt for employers with fewer than 3 regular workers. Sole proprietors and partners are not automatically counted as employees. |
| Penalty for going without | Civil penalty of not more than 250 per day for each day of noncompliance, capped at a maximum of 50000 (Va. Code 65.2-805). Failure to insure is also a Class 2 misdemeanor punishable by a fine up to 1000 and up to 6 months in jail. After 15 days’ written notice, the Commission may issue a cease-and-desist order halting all business operations until compliance; the uninsured employer is also personally liable for all benefits owed to an injured worker. |
| Monopolistic state? | No — private carriers |
In This Virginia Guide:
Is Workers’ Comp Required in Virginia?
Workers’ compensation is required in Virginia once a business regularly employs more than two workers (three or more), and it is mandatory from that point.
Virginia Workers’ Comp Requirements at a Glance
Here are the exact Virginia workers comp requirements every employer should know:
| Employees that trigger the mandate | 3 |
| Which workers count | Coverage is triggered when a business regularly has more than two (i.e., 3 or more) employees in service. Full-time, part-time, seasonal, temporary, minors, trainees, and working family members all count. Virginia has no special construction-from-first-employee rule, but a contractor must add the employees of its subcontractors to its own headcount — if the combined total is more than two, coverage is required. |
| Who is exempt | A sole proprietor with no employees and no subcontractors is not required to carry coverage. Domestic servants employed by a household (no numerical limit) are exempt, but a business performing work in customers’ homes cannot claim this exemption. Casual and agricultural employees are exempt for employers with fewer than 3 regular workers. Sole proprietors and partners are not automatically counted as employees. |
| Owners & officers | Corporate executive officers and LLC managers are defined as employees by statute but may affirmatively REJECT coverage for themselves by notifying their insurer. Conversely, sole proprietors, partners, and single-member LLC members are not automatically covered and may ELECT to be included as employees by notifying the insurer. |
| Penalty for going without | Civil penalty of not more than 250 per day for each day of noncompliance, capped at a maximum of 50000 (Va. Code 65.2-805). Failure to insure is also a Class 2 misdemeanor punishable by a fine up to 1000 and up to 6 months in jail. After 15 days’ written notice, the Commission may issue a cease-and-desist order halting all business operations until compliance; the uninsured employer is also personally liable for all benefits owed to an injured worker. |
| Monopolistic state? | No — buy from private carriers |
How to Get Workers’ Comp Coverage in Virginia
Virginia employers buy coverage from any private insurer licensed in the Commonwealth; employers unable to obtain coverage in the voluntary market use the assigned-risk pool administered by NCCI (RMAPS Online Application Service; NCCI Customer Service 800-622-4123).
Private market: YES
What Workers’ Comp Covers in Virginia
Workers’ compensation is a no-fault system: an injured employee gets benefits without having to prove the employer did anything wrong, and in exchange gives up the right to sue for most workplace injuries. A typical Virginia policy pays for medical treatment tied to a work injury, part of the wages lost while the worker recovers, longer-term disability benefits if the injury is permanent, and death benefits to a family.
It also includes employers-liability coverage, which protects the business if an injury still leads to a lawsuit.
Employees vs. Independent Contractors in Virginia
The most common way employers get the Virginia workers comp requirements wrong is by assuming a worker is an “independent contractor” who does not count. State agencies look at how the work is actually controlled, not the label on a 1099. If Virginia decides a contractor was really an employee, the business can owe back premiums and penalties as if coverage should have been in place all along.
When you are close to the employee threshold, confirm each worker’s status with your state board before you decide you are exempt.
Other Virginia workers’-comp rules: Under Virginia’s statutory-employer doctrine, a general contractor must count the employees of its uninsured subcontractors toward the 3-employee threshold and can be liable for benefits to a subcontractor’s injured workers. Virginia provides no waiver/exemption form for businesses that fall below the threshold. Always confirm current figures with the Virginia Workers’ Compensation Commission and a licensed attorney.
Understanding Virginia Workers Comp Requirements
The Virginia workers comp requirements exist so injured employees get care and lost wages without having to sue. For most employers, the Virginia workers comp requirements come down to one number: the employee count that triggers the mandate, shown in the table above. Once you hit that count, Virginia workers comp requirements apply whether you planned for them or not, and the penalty for going without is real.
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If any part of the Virginia workers comp requirements is unclear, your state board can confirm the threshold, the exemptions, and how to get covered.
Need to get covered? If you are an employer in Virginia shopping for a policy, our sister site compares small-business insurance, including workers’ comp. Compare business insurance options →
Frequently Asked Questions
Is workers’ comp required in Virginia?
Workers’ compensation is required in Virginia once a business regularly employs more than two workers (three or more), and it is mandatory from that point.
What is the penalty for not having workers’ comp in Virginia?
Civil penalty of not more than 250 per day for each day of noncompliance, capped at a maximum of 50000 (Va. Code 65.2-805). Failure to insure is also a Class 2 misdemeanor punishable by a fine up to 1000 and up to 6 months in jail.
After 15 days’ written notice, the Commission may issue a cease-and-desist order halting all business operations until compliance; the uninsured employer is also personally liable for all benefits owed to an injured worker.
Who is exempt from Virginia workers’ comp?
A sole proprietor with no employees and no subcontractors is not required to carry coverage. Domestic servants employed by a household (no numerical limit) are exempt, but a business performing work in customers’ homes cannot claim this exemption. Casual and agricultural employees are exempt for employers with fewer than 3 regular workers. Sole proprietors and partners are not automatically counted as employees.
Official Virginia Sources & Resources
- Virginia Virginia Workers’ Compensation Commission: https://workcomp.virginia.gov
- Virginia Workers’ Comp Statute: https://law.lis.virginia.gov/vacode/title65.2/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
These Virginia workers comp requirements were last verified against official sources in June 2026. Rules and penalties change — confirm the current figure with your state workers’-comp board or a licensed agent.
More Virginia Workers’ Comp Guides
- Virginia Workers’ Comp Settlements
- How to File a Virginia Workers’ Comp Claim
- Workers’ Comp Guides for All 50 States
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.