Workers’ compensation insurance is mandatory for those employers who meet the coverage requirements under the law.

Coverage

As a general rule, a business with more than two employees is required to carry workers’ compensation coverage. An employee is viewed broadly under workers’ compensation law and includes part-time, seasonal and temporary workers, minors, trainees, immigrants and working family members.

For a contractor or other business that hires subcontractors to assist in their trade or to complete a contract, the contractor / business must count the subcontractor’s employees when counting the number of employees to assess when coverage is required. If the total of the contractor’s employees plus the subcontractor’s employees is more than two, then coverage is required. This requirement applies regardless of whether the subcontractor has their own workers’ compensation coverage.

Virginia does not provide a waiver or exemption form for a sole proprietor or other business that is not required to carry coverage under the Act.

An employer that is not required to carry coverage under the law my obtain coverage voluntarily.

An employer may insure for workers compensation through a commercial insurance policy, a self-insurance program or group self-insurance association or through a professional employer organization. Commercial insurance is not available through the Commission. It is available through an insurance agent or carrier.

Dual Regulation

Workers’ compensation insurance is under dual regulation in Virginia as in most states.

The Virginia Workers’ Compensation Commission oversees the Act, coverage compliance and claims processing and adjudication. The Insurance Department of the Commission may be contacted by phone Monday - Friday, 8:30 a.m. - 4:45 p.m. at (804) 205-3586.

The Bureau of Insurance (BOI) in SCC oversees insurance regulation as it relates to premium, pricing, rates and audits. BOI may be contacted via email at: bureauofinsurance@scc.virginia.gov or by phone Monday - Friday 8:15 a.m. - 5 p.m. at (804)-371-9185.

In the Event of Injury

A report of an accident or disease must be filed with the Commission within ten days of knowledge of the accident or disease. To accomplish this, an employer should educate employees on work injury reporting before an injury occurs and should immediately notify its insurance carrier when an accident occurs. The insurance carrier will then file the appropriate electronic report with the Commission.