Worker Compensation

Virginia Worker Compensation *Summary

The Virginia Workers’ Compensation Commission is the state agency that administers the Virginia Workers’ Compensation Act. The following brief summary is intended to provide a general overview of Workers’ Compensation coverage and benefits in Virginia. See the separate topic for help with acronyms. For further information contact your local or state Workers’ Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Virginia Workers’ Compensation Commission, and is current as of July 2008.

In Virginia, compensation benefits are subject to an annual cost of living adjustment (COLA), and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2008 to June 30, 2009

Type of Law and Insurance Requirements
In Virginia, workers’ compensation is compulsory, and some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is an exemption for employers with fewer than 3 employees.

Coverage of Agricultural Workers
Covers agricultural workers working for an employer who regularly has in service more than 2 full-time employees.

Coverage of Domestic Employees
Domestic servants are specifically excluded from coverage.

Medical Benefits
Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $210.25 (25% of SAWW or employee’s actual wage, if less) and the maximum is $841, 100% of SAWW. The maximum period of payments is 500 weeks.

Benefits for Permanent Total Disability (PTD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $210.25 (25% of SAWW or employee’s actual wage, if less) and the maximum is $841, 100% of SAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Partial Disability (PPD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $210.25 (25% of SAWW or employee’s actual wage, if less) and the maximum is $841, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 500 weeks, and the maximum total payable amount is $420,500. The period of payment may be extended if the employee is still disabled within 1 year of final payment.

Disfigurement Benefits
Virginia statutes cover disfigurement described as “Severely marked of head, face, hands, arms or legs”. Benefits are 66-2/3 percent of employee’s average weekly wages, for a maximum period of 60 weeks.

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