If you were hurt at work in Virginia, you may be entitled to benefits under the state’s workers’ compensation system. These laws are designed to support employees who suffer injuries or illnesses related to their job by covering medical costs, lost wages, and more. Understanding how the system works can help you protect your health and your financial future.

Who Is Covered Under Virginia Workers’ Compensation?

Virginia law requires nearly all employers with three or more employees to carry workers’ compensation insurance. This includes full-time, part-time, seasonal, and temporary workers. Some domestic workers and agricultural laborers may be exempt, but most employees are covered.

Independent contractors are typically not covered, but misclassification is common. If you’re working under the control and direction of another person or company, you may qualify as an employee—even if your employer labeled you as a contractor.

What Types of Injuries and Conditions Are Covered?

Virginia’s workers’ comp program covers a wide range of work-related injuries and illnesses, including:

• Injuries from accidents (e.g., machinery mishaps, falls)
• Repetitive motion injuries (e.g., tendonitis or carpal tunnel syndrome)
• Occupational diseases (e.g., lung disease from exposure to toxic chemicals)

For a condition to be compensable, it must arise out of and during the course of employment. This means the injury must have occurred while you were performing duties for your job.

Steps to File a Workers’ Compensation Claim in Virginia

1. Notify Your Employer: Report your injury to your employer within 30 days. It’s best to do this in writing and keep a copy for your records.
2. Get Medical Attention: Your employer may provide a list of approved doctors. You must choose from this list unless it’s an emergency.
3. File a Claim With the Virginia Workers’ Compensation Commission: Complete and submit a Claim for Benefits form within two years of the injury date. This can be done online through the commission’s website.
4. Wait for a Decision: The insurance company will review your case and either approve or deny benefits. If your claim is denied, you can request a hearing before the commission.

What Benefits Are Available Through Virginia Workers’ Comp?

Virginia’s system offers a range of benefits, depending on the severity of your injury and your ability to return to work.

• Medical Benefits: Covers all reasonable and necessary treatment, including doctor visits, surgery, rehabilitation, medications, and medical devices.
• Temporary Total Disability (TTD): If you’re unable to work at all, you’ll receive two-thirds of your average weekly wage, up to the state maximum.
• Temporary Partial Disability (TPD): If you can work in a reduced capacity, you may receive benefits equal to two-thirds of the difference between your pre- and post-injury wages.
• Permanent Partial Disability (PPD): You may qualify for compensation based on a permanent loss of use to a body part, determined by a physician.
• Permanent Total Disability (PTD): If you’re permanently unable to work, you may be entitled to lifetime wage replacement.
• Vocational Rehabilitation: This helps you retrain for a new position or find a job if you can’t return to your previous work.
• Death Benefits: If a worker dies due to a job-related injury, dependents may receive compensation, including burial expenses (up to $10,000).

Deadlines and Time Limits

• Report injury to employer: within 30 days
• File claim with the commission: within 2 years
• Dispute a denial: within 20 days of notification

Delays in any step may result in a loss of benefits. Filing early and keeping documentation is key.

Special Rules for Rideshare and Gig Workers

Virginia’s workers’ compensation laws typically do not cover rideshare drivers (e.g., Uber or Lyft) unless they are misclassified. Some third-party operators or fleet companies may provide insurance, but not always. If you were hurt while driving for a rideshare app, you may need to pursue a personal injury claim or third-party liability claim instead of filing for workers’ comp.

Legal guidance is especially important in these cases.

Legal Help for Workers in Virginia

If you’re struggling to get benefits or your claim has been denied, consider reaching out to:

• Virginia Workers’ Compensation Commission (for forms, status updates, and appeals)
• Workers’ compensation attorneys (especially for disputed claims)
• Legal aid organizations (may provide free help for low-income workers)

Getting proper legal advice early can make the process smoother and increase your chance of receiving fair compensation.