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VA · EMPLOYER REFERENCE

Virginia workers comp.

How Virginia counts employees, your coverage options, and the ten-day report to the Workers' Compensation Commission.

Sources reviewed October 27, 2026 · Confirm current rules with the agency

When coverage is required

Virginia generally requires coverage if you regularly employ more than two people. Part-time, seasonal, temporary, and working family members all count, along with other covered workers. Do not decide based only on full-time jobs or one day's schedule. Look at your usual staffing and any subcontracted work.

Owners, contractors, and exceptions

Ask the Commission or your insurer to review corporate officers, working owners, and contractors. Keep records of who does the work and what coverage your subcontractors carry. A small payroll does not settle every question on its own. If an owner opts out, put it in writing. Do not assume it from their title or ownership share.

If an employee is injured

Workers should report an injury right away, and you should tell your insurer quickly. Within ten days after you learn of an injury or death, you or your insurer must report it to the Commission in an approved way. The worker may need to file their own claim to protect their benefits. Your report does not replace the worker's own filing.

Operating without coverage

The Virginia Workers' Compensation Commission can fine an employer up to $250 for each day without coverage, up to $50,000 plus costs. You must also pay injured workers' benefits. If you keep going without coverage, the Commission can order your business to stop operating, and you can face criminal charges. Employees can also sue you. Virginia does not grant waivers to employers who must have coverage. Post the Commission's Form 1 notice at work.

How to arrange coverage

Buy a policy from a licensed insurer, or use an approved option such as self-insurance or a qualifying group plan. Review your work, payroll, and past claims with your agent. Decide who sends reports to the Commission and keeps workers informed. Keep claim and coverage records when staff or owners change.

Benefits and return-to-work planning

A work injury can lead to medical care, time off work, a lasting disability, or benefits for family members if a worker dies. Who qualifies, waiting periods, how wages are figured, and benefit limits all depend on state law and the facts of the claim. Ask your insurer which benefits it is looking at and what records it needs. Go by the doctor's work limits, not your own guess about what the worker can do. If you can offer lighter work, describe the duties and hours clearly and plan it with the doctor and your insurer.

Preparing an accurate cost estimate

Gather payroll by job and location, a description of each type of work, details on working owners, subcontractor records, and your past claims. Ask the insurer to confirm your job classes, how the rate is figured, any experience modifier, the minimum premium, fees, and audit terms. This site's calculator uses a base rate that you enter. It does not give a state-approved rate or a real quote. Compare offers using the same numbers, and track staff and work changes during the year so the final audit is easier.

Forms, posters, and notices

These links go straight to Virginia’s official forms. Your insurer can often send a poster with your policy details already filled in.

Weekly benefit limits

These limits cap the wage replacement checks an injured worker can get. Medical care is paid separately. Limits change every year, so check the source for the latest figures.

Maximum
$1,507.01 a week
Minimum
$376.75 a week
Applies to
Starting July 1, 2026

Check a contractor’s coverage

The Commission lists its search tools in one place.

How to request and check a certificate of insurance

Owner exemptions and elections

Owner choices are usually made through your insurance policy. Ask your insurer which owners are included or left out, and get the answer in writing.

Frequently asked questions

Is workers' comp required in Virginia?

Yes once a business regularly employs more than two people, counting part-time workers. Subcontractors' employees can count too.

Do business owners need workers' comp in Virginia?

Virginia has no waiver or exemption form for sole proprietors, and the Commission says there are no waivers for required employers.

How long does an employee have to report a work injury in Virginia?

Employees should report injuries right away. The employer or insurer reports to the Commission within ten days, and the worker may need to file a separate claim.

What happens if a Virginia business doesn't have workers' comp?

The Commission can charge up to $250 per day without coverage, up to $50,000, bar the business from operating, and refer it for prosecution.

How do I get workers' comp insurance in Virginia?

Buy from a licensed insurer, join an approved group, or self-insure, and post VWC Form 1.

How much does workers' comp cost in Virginia?

Cost depends mostly on your job class codes, the payroll in each class, your experience modifier, and the insurer's rates and minimum premium. Ask a licensed insurer or agent for the base rate for your class code in Virginia, then use this site's calculator for a rough estimate. Your final premium is set at the yearly audit.

Your next steps

  • Count your employees, check owner rules, and list every place people work.
  • Ask a licensed insurance agent to review your business.
  • Keep proof of coverage and set up a way to report injuries.

Official sources & further reading

Virginia VWC: employer requirementsVirginia VWC: injury and claim guidanceVirginia VWC: employer FAQsVirginia VWC: insurance information and penalties

This summary is for learning, not legal advice. Exceptions and changes may apply. If anything here differs from the official agency or the law, they are what count.