Facts You Need to Know about Worker’s Compensation in Virginia
Information pulled from the Virginia Workers’ Compensation Commission
- All Virginia employers with more than two employees are required to carry workers’ compensation insurance. All employees are included whether full-time, part-time, seasonal, or temporary workers, as well as minor, interns/trainees. immigrants and working family members.
- In Virginia, under the Workers Compensation Acts section 65.2-805, employers who fail to provide workers’ compensation insurance for their employees will be assessed a civil penalty of up to $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000. In addition to the civil penalties, any employer who knowingly and intentionally fails to comply with the provisions of 65.2-800 or 65.2-804 may be subject to Class 2 misdemeanor charges (a fine of $1000, six months in prison, or both)
- These are three factors in determining the workers’ compensation premiums:1. Your company payroll.2. The type of work employees does (classification code)
3. Your workers’ compensation claims history. - Virginia Workers’ Compensation covers:
- Disability Benefits
- Accident or injury (medical care benefits that cover the medical expenses for on-the-job injuries.
- Occupational Disease
- Wage Loss
- Death Benefits (fatalities that cover the funeral expenses from work accidents.
- Virginia defines occupational disease as:
disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment.
- In Virginia, under Workers Compensation Acts Chapter 9: Reports and Records section 65.2-902, any employers who fail to make any report work-related injuries and deaths to the Commission within 10 days (minor injuries may be reported within 60 days and other reports must be filed as required by the Commission) shall be assessed a civil penalty of not more than $500 for each failure. In addition, if the Commission determines that any such failure is willful, may be subject to Class 2 misdemeanor charges (a fine not less than $500 and not more than $5,000)
- As an employer, you are responsible for the following:
- You must review coverage requirements
- You must carry proper workers’ compensation coverage when required by law
- You must report work injuries promptly to your insurance carrier or independent insurance agent.
- You must post a Workers’ Compensation Notice (VWC Form 1) in the workplace
- You must be aware the cost of workers’ compensation cannot be deducted from employee wages.
- 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. Some states offer such a form but Virginia does not.
- Insurance Coverage is not available from the Commission. Coverage is available through an insurance agent or carrier. Virginia employers can get workers’ compensation insurance from an independent insurance agency, like Klinger Insurance Group. Click here to get a workers’ compensation insurance quote.
- For additional information or question please contact Insurance Department working hours from 8:30 AM- 4:45 PM Monday-Friday at 804-205-3586 or email vwcinsurance@workcomp.virginia.gov.
At Klinger Insurance Group we specialize in Workers’ Compensation Insurance and other types of insurance with the most cost-effective, comprehensive coverage and the best possible rate. Give us a call at 301-428-4935 or e-mail us at info@klingerinsurancegroup.com or visit us at www.klingerinsurancegroup.com/.
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