Virginia workers compensation covers most workplace injuries — but it may not be your only option. Third-party claims can provide significantly more compensation.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Virginia workers compensation: report injury immediately. Personal injury claims against third parties: 2 years from the date of injury.
Virginia requires employers with 3 or more employees to carry workers compensation insurance (Va. Code § 65.2-101 et seq.). Virginia workers comp provides medical treatment, temporary total disability at 2/3 of wages, and permanent partial disability benefits. Virginia disputes are heard by the Virginia Workers' Compensation Commission.
Virginia-Specific Tip
Virginia's contributory negligence rule does NOT apply to workers compensation claims — workers comp is a no-fault system. However it does apply to any third-party personal injury claims arising from workplace injuries. Virginia workers comp also has specific rules about treating physician selection — your employer has the right to select your treating physician.
📊 Virginia's workers compensation system processes tens of thousands of claims annually. Third-party claims are frequently overlooked but can dramatically increase total recovery.
Report the injury to your supervisor in writing immediately
Seek medical attention immediately
File a workers compensation claim with your employer under Virginia law
Document all expenses, lost wages, and out-of-pocket costs
Evaluate whether any third party contributed to your injury
Contact a Virginia workplace injury attorney to evaluate all available claims
Virginia requires employers with 3 or more employees to carry workers compensation insurance (Va. Code § 65.2-101 et seq.). Virginia workers comp provides medical treatment, temporary total disability at 2/3 of wages, and permanent partial disability benefits. Virginia disputes are heard by the Virginia Workers' Compensation Commission.
Generally workers compensation is the exclusive remedy against your direct employer. However you can still pursue third-party claims against any other party whose negligence contributed to your injury — contractors, equipment manufacturers, and property owners.
Even if your employer carries workers compensation, you can sue any third party whose negligence contributed to your injury. These third-party claims can include pain and suffering damages that workers comp does not cover, and can be pursued simultaneously with a workers comp claim.
No upfront cost. Contingency fees — you only pay if you win.
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