Workers Compensation Law in Virginia
This page covers workers compensation law as it applies in Virginia — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what workers compensation protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Virginia's workers' compensation system pays benefits to employees who are injured on the job or develop a work-related illness, without requiring the worker to prove the employer was at fault. If you are hurt at work, report the injury to your employer in writing right away—the law requires written notice within 30 days of the accident—and then file a formal claim with the Virginia Workers' Compensation Commission. Benefits can include full medical care for your work injury and partial replacement of lost wages while you recover. Deadlines in Virginia are strict and can permanently bar your right to benefits, so act quickly.
Laws that govern workers compensation in Virginia
Virginia state law
- Virginia Workers' Compensation ActTitle 65.2, Code of Virginia
The comprehensive state law governing workers' compensation in Virginia, covering employee eligibility, covered injuries and occupational diseases, types of benefits, filing procedures, and the authority of the Virginia Workers' Compensation Commission.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Occupational Safety and Health Act of 1970
Created OSHA. Sets workplace safety standards for most private-sector employers. Codified at 29 U.S.C. ch. 15.
- Longshore and Harbor Workers' Compensation Act
Virginia-specific deadlines for workers compensation cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Written notice of accident to employer: 30 days
Written notice must be given to the employer within 30 days of the accident. Failure to do so can bar compensation and medical benefits unless the Commission finds a reasonable excuse and is satisfied the employer was not prejudiced.
Va. Code § 65.2-600
- File a claim with the Virginia Workers' Compensation Commission after a workplace accident: 2 years
The right to compensation is permanently barred if a formal claim is not filed with the Commission within two years of the accident. The deadline may be extended in limited circumstances, such as when the employer paid wages or furnished medical services after the accident without an award being entered.
Va. Code § 65.2-601
- File a claim for an occupational disease: 2 years from diagnosis (or 5 years from last injurious exposure, whichever comes first)
For most occupational diseases, the claim must be filed within two years after the diagnosis is first communicated to the employee, or within five years of the last injurious workplace exposure—whichever deadline arrives first. Different periods apply to specific diseases such as coal workers' pneumoconiosis and certain cancers; check § 65.2-406 carefully.
Va. Code § 65.2-406
- File a death claim after death caused by an occupational disease: 3 years
When an employee dies as a result of an occupational disease, dependents must file a claim with the Commission within three years of the date of death or the right to compensation is permanently barred.
Va. Code § 65.2-406
- File a change-in-condition application to reopen an existing award: 24 months
If your medical condition worsens after an award ends, you must apply to reopen the award within 24 months of the last day for which compensation was paid. A 36-month period applies to certain permanent-partial-disability and specified occupational-disease claims.
Va. Code § 65.2-708
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for workers compensation in Virginia.
The state agency that administers Virginia's workers' compensation system, accepts and adjudicates claims, enforces employer insurance requirements, and maintains the WebFile claims portal.
A free, confidential resource within the Commission that helps unrepresented workers, employers, and other parties understand the workers' compensation process; reachable toll-free at 1-833-448-1681.
- VaLegalAid.orglegal aid
A statewide guide to free and low-cost civil legal services in Virginia, including referrals to local legal aid organizations that may assist income-eligible workers with workers' compensation matters.
Operated by the Virginia State Bar, this service connects callers with licensed workers' compensation attorneys for an initial consultation; call toll-free 1-800-552-7977.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Virginia
- 1
Report your injury to your employer in writing
Tell your employer about the accident immediately and confirm it in writing. Virginia Code § 65.2-600 requires written notice within 30 days of the accident; missing that window can block compensation and medical benefits unless you can show a reasonable excuse.
- 2
Seek treatment from an authorized treating physician
Your employer or their insurer must provide a panel of at least three physicians from which you choose your treating doctor. Getting treatment outside that authorized panel without approval can put your reimbursement at risk.
- 3
File a Claim for Benefits with the Virginia Workers' Compensation Commission
Do not assume your employer will file on your behalf—you must submit your own claim. The Commission's free WebFile system at workcomp.virginia.gov accepts online filings, and paper forms are also available.
- 4
Cooperate with any required medical examination
The insurer may request an independent medical examination. Refusing to attend or failing to cooperate can lead to suspension of your wage-replacement benefits.
- 5
Keep records of all medical visits, bills, and missed work
Save every doctor's note, medical bill, and written communication about your claim. Detailed records of days you could not work are essential when the Commission calculates your wage-replacement award.
- 6
Contact the VWC Ombuds Department or an attorney if your claim is disputed
The Virginia Workers' Compensation Commission's free Ombuds Department (1-833-448-1681) can explain the process to unrepresented workers. If your claim is denied or involves permanent disability, a workers' compensation attorney can help; most work on contingency with no upfront fee.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about workers compensation in Virginia
Do I have to prove my employer did something wrong to get benefits?
No. Virginia workers' compensation is a no-fault system: you are generally entitled to benefits as long as you suffered a work-related injury or illness, regardless of whether anyone was at fault. In exchange for this guarantee, however, employees typically give up the right to sue their employer directly for the injury in civil court.
What benefits does Virginia workers' compensation cover?
Workers' compensation in Virginia can cover all reasonable and necessary medical treatment for a work-related injury or illness. It can also pay wage-replacement benefits equal to 66.67 percent of your average weekly wage up to a state maximum (effective July 1, 2025: $1,463.10 per week). If a body part is permanently injured, you may also receive a scheduled loss-of-use award for that specific impairment.
Can my employer fire me for filing a workers' compensation claim?
Virginia law prohibits an employer from discharging or threatening to discharge an employee in retaliation for filing a workers' compensation claim. If you believe you have been retaliated against, you may raise that issue through the Virginia Workers' Compensation Commission.
What if my claim is denied?
You have the right to request a hearing before a deputy commissioner of the Virginia Workers' Compensation Commission, who will take evidence from both sides and issue a written decision. That decision can be appealed to the full Commission and then to the Virginia Court of Appeals.
Does workers' compensation cover illnesses that develop slowly from job conditions, not just sudden accidents?
Yes. Virginia's workers' compensation system covers occupational diseases—illnesses caused or substantially aggravated by the conditions of your employment. The filing deadline for occupational diseases is different from the two-year accident deadline, so it is important to file as soon as a doctor communicates a diagnosis to you.
Can I lose benefits if I was partly responsible for my own injury?
Generally, no. Because the system is no-fault, your own negligence does not bar your claim. There are limited exceptions: under Virginia Code § 65.2-306, benefits can be denied if the injury was caused by the employee's willful misconduct, intentional self-inflicted injury, or if the employer can establish intoxication by alcohol or a non-prescribed controlled substance as the cause of the injury.
Do I need a lawyer?
You are not required to hire a lawyer. The Virginia Workers' Compensation Commission's free Ombuds Department can help unrepresented workers understand the system. For denied claims or cases involving permanent disability, a workers' compensation attorney can be valuable; most charge a contingency fee collected only if benefits are obtained, so there is typically no out-of-pocket cost to get a consultation.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.