Virginia Workers' Compensation Laws

Written notice of the accident must be given to the employer within 30 days. Failure to give notice does not bar the claim if the employer had actual knowledge or was not prejudiced by the delay.

Occupational disease claims must generally be filed within 2 years of diagnosis. Coal workers' pneumoconiosis (black lung) has a 5-year filing period.

TTD benefits are 66 2/3% of pre-injury average weekly wage, subject to a maximum of 100% of the state average weekly wage (SAWW). Benefits begin after a 7-day waiting period. If disability continues beyond 21 days, the waiting period is paid retroactively. No statutory limit on duration of TTD benefits while disability continues.

Employers with 3 or more employees are required to carry workers' compensation insurance. This includes part-time employees. Household employers with fewer than 3 employees are exempt.

Virginia provides scheduled awards for specific body parts lost or permanently injured (e.g., 200 weeks for loss of arm, 175 weeks for loss of leg). The rate is 66 2/3% of average weekly wage. Unscheduled injuries affecting the body as a whole can receive up to 500 weeks of benefits.

If the employer offers light duty work within the injured worker's restrictions and at the same or higher wage, unreasonable refusal may result in suspension of benefits.

It is unlawful for an employer to discharge or discriminate against an employee solely because the employee filed a workers' compensation claim or testified in a workers' compensation proceeding.