When you are injured on the job in Virginia, the workers’ compensation system is supposed to protect you — but too often, employers and their insurance companies make the process as difficult as possible. At River Run Law, founding partner Casey Ariail has dedicated his career to fighting for injured workers. Named the “Go-To Workers’ Compensation Lawyer” in Virginia by Virginia Lawyers Weekly and recognized in WILG’s Top 100 Injured Workers’ Attorneys for five consecutive years (2019-2023), Casey brings unmatched expertise to your case.
Whether you suffered a back injury on a construction site, developed carpal tunnel from repetitive work, or were hurt in a warehouse accident, our Richmond workers’ compensation attorneys are here to fight for the benefits Virginia law guarantees you. We offer a free consultation, contact us today.
How Does Workers’ Compensation Work in Virginia?
Most Virginia employers must carry workers’ compensation insurance to pay employees for workplace injuries.
Any employer that has three or more full-time or part-time employees must carry workers’ compensation insurance.
Workers’ compensation insurance helps both the employer and the employee. It prevents employers from being sued for workplace injuries, and it gives injured employees a reliable form of compensation.
Injured employees can get their medical bills for injury treatment reimbursed as well as gain disability benefits. The disability compensation depends on the type of disability the employee suffered.
- Partial disability means an employee can return to work with restrictions, and
- Total disability means the employee cannot work at all.
Disability can also be temporary or permanent. Temporary partial disability supplements any wage gap created by your temporary work assignment.
Temporary total disability entitles the worker to a disability payment calculated at a rate of two-thirds of the worker’s regular wage, averaged over the past year of employment.
This disability payment is subject to minimum and maximum requirements, so if you had a low salary, you may be entitled to more than two-thirds of your average weekly wage.
Employees who file for workers’ compensation can receive payments for up to 500 weeks or until a doctor declares that you can return to work in some capacity.
However, if you are disabled only for a short time, you may not be able to receive any disability payment.
Workers are not entitled to disability compensation until they have missed at least seven days of work under a doctor’s orders.
A worker who is declared permanently disabled is paid according to a disability compensation schedule set by Virginia state law.
When an employee is killed at work, the family may recover burial expenses, travel expenses, and compensation for dependents.
Employee Responsibilities
When an employee is injured at work, the employee should report that injury to a supervisor. The employee should seek medical treatment and follow the doctor’s orders.
Also, the employee shouldn’t do anything to make the injury worse. For instance, an employee who suffered a back injury at work shouldn’t help a friend move heavy boxes the following weekend.
Doing so could jeopardize the employee’s workers’ compensation eligibility.
Employer Responsibilities
Employers should take workplace injury claims seriously. An employer must take these actions to protect injured workers with workers’ compensation insurance:
- Determine if they are required to carry workers’ compensation insurance;
- Carry workers’ compensation insurance when required;
- Report workplace injuries promptly to an insurance carrier;
- Post a workers’ compensation notice in the workplace; and
- Not deduct workers’ compensation coverage from employee wages.
If an employer does not carry required workers’ compensation insurance, they can face a fine from the state and a lawsuit from the injured employee.
What Benefits Does Virginia Workers’ Comp Provide?
Virginia workers’ compensation provides several categories of benefits to injured workers:
- Medical Benefits: All reasonable and necessary medical treatment related to your work injury is covered, including doctor visits, surgery, physical therapy, prescription medications, and medical devices. You have the right to choose your own treating physician.
- Temporary Total Disability (TTD): If you cannot work at all, you receive 66⅔% of your pre-injury average weekly wage (AWW), calculated over the 52 weeks prior to injury. For 2026, the maximum weekly TTD benefit is approximately $1,369 and the minimum is approximately $342.
- Temporary Partial Disability (TPD): If you can return to work in a limited capacity at reduced wages, TPD pays 66⅔% of the difference between your pre-injury AWW and your current earnings.
- Permanent Partial Disability (PPD): Compensates for permanent impairment to a specific body part based on a disability schedule set by Virginia law (§65.2-503). For example, loss of use of a hand is compensated at 150 weeks, a foot at 125 weeks, and an eye at 100 weeks.
- Permanent Total Disability: If your injury permanently prevents all work, you may receive lifetime benefits at the TTD rate, subject to periodic review.
Common Workplace Injuries Covered by Workers’ Comp
Workers’ compensation in Virginia covers a wide range of workplace injuries and occupational conditions, including:
- Back and spinal cord injuries from lifting, falls, or vehicle accidents
- Traumatic brain injuries from falls or struck-by incidents
- Broken bones, fractures, and crush injuries
- Repetitive stress injuries (carpal tunnel, tendinitis, rotator cuff)
- Burns and chemical exposure injuries
- Occupational diseases (mesothelioma, hearing loss, respiratory conditions)
- Construction site injuries (falls from heights, scaffolding collapse, electrocution)
- Warehouse and manufacturing injuries
- Transportation and delivery driver accidents
- Work-related mental health conditions (PTSD for first responders under certain conditions)
Virginia law also covers the aggravation of pre-existing conditions. Under §65.2-400, if a workplace accident worsens a condition you already had, you may be entitled to full workers’ compensation benefits for the resulting disability.
Issues with Workmen Compensation Insurance
Sometimes employers deny their obligation to provide workers’ compensation. Here are some scenarios where employers might misunderstand their legal obligations to take care of injured workers.
Contractor Injuries
When an employer uses subcontractors to fill a role in their business, they are counted toward total employees.
Employers must provide workers’ compensation coverage to subcontractors, even if subcontractors have their own insurance.
Independent contractors are also often eligible for workers’ compensation coverage.
Counting Employees
Sometimes an employer may not think they are required to carry workers’ compensation insurance because they’re a sole proprietor or have few employees.
However, all these people count toward the “three or more” employee requirement for workers’ compensation:
- Corporate officers and LLC managers,
- Family members that perform work for the business,
- Temporary and seasonal workers,
- Part-time workers,
- Illegal Immigrants, and
- Minors.
Having three or more employees in any capacity triggers the need to purchase workers’ compensation insurance. Because insurance protects both the employer and the employee, it’s a smart purchase.
With extensive knowledge of workers’ comp law in Virginia, can review your case and ensure that nothing is overlooked. Contact our office today to schedule a free, confidential consultation.
The Virginia Workers’ Compensation Act: How It Can Benefit You
Virginia’s state Workers’ Compensation Act was passed on March 21, 1918, and took effect the following year. The law was created to protect both employers and employees from significant financial losses.
The Virginia workers’ compensation law benefits you by requiring your employer to pay for your job-related injuries. Your employer must pay even if your injury was your fault.
There may be some exceptions to this requirement. For instance, if you were under the influence of drugs or alcohol or committing a criminal act when you were injured, you may violate the workers’ compensation policy.
However, if you made a simple mistake, such as getting your hand too close to moving machinery, you’re still covered.
Here are some more points you should know about Virginia workers’ compensation law:
- You cannot sue an employer who carries workers’ compensation insurance;
- Even if you had a pre-existing injury that was aggravated by a workplace accident, you may file for workers’ compensation coverage; and
- Your job performance doesn’t factor into how much workers’ compensation coverage you receive.
The Workers’ Compensation Act is a complex document, and it’s easy to misunderstand aspects of this workplace law.
When you are injured at work, you should contact a Virginia workers’ compensation attorney to advocate for the money you deserve.
How to Find a Workers’ Compensation Attorney Near Me
When you are fighting to get fair workers’ compensation, you need a skilled attorney by your side. How do you find a qualified attorney who knows the ins and outs of Virginia workers’ compensation law?
We suggest taking the following steps:
- Ask coworkers and friends for recommendations;
- If you know an attorney who practices a different area of law, ask them for a recommendation;
- Look at reviews on sites like Google and Avvo; and
- Browse local attorney websites to determine who seems like a good fit for your case.
After you’ve narrowed down a list of attorneys for your workers’ compensation case, call them to schedule a free consultation.
You need to meet with an attorney to gain a better understanding of their knowledge and communication skills before you hire them.
Frequently Asked Questions About Workers’ Comp in Virginia
How much does workers’ comp pay in Virginia?
Virginia workers’ compensation pays 66⅔% of your pre-injury average weekly wage for temporary total disability. For 2026, the maximum weekly benefit is approximately $1,369 and the minimum is approximately $342. Benefits can continue for up to 500 weeks, with longer periods for permanent total disability.
What is the statute of limitations for workers’ comp in Virginia?
You have two years from the date of your workplace injury to file a claim under Virginia Code §65.2-601. For occupational diseases, the deadline runs from the date of diagnosis. If benefits are terminated, you generally have two years from the last payment to reopen your claim.
Can my employer fire me for filing a workers’ comp claim?
No. Virginia Code §65.2-308 makes it illegal for employers to fire, threaten, or discriminate against employees for filing workers’ compensation claims. If your employer retaliates, you may be entitled to reinstatement, back pay, and a separate civil action for damages.
What if my workers’ comp claim is denied?
You have the right to request a hearing before the Virginia Workers’ Compensation Commission. A Deputy Commissioner will review the evidence and issue a decision. If you disagree, you can appeal to the Full Commission and ultimately to the Virginia Court of Appeals.
Can I sue my employer for a workplace injury in Virginia?
Generally no — the “exclusive remedy” doctrine prevents lawsuits against employers who carry workers’ compensation insurance. However, you may be able to sue third parties (such as equipment manufacturers or other negligent drivers) in addition to receiving workers’ comp benefits.
Do I need a lawyer for a workers’ compensation claim?
While not legally required, having an experienced workers’ compensation attorney significantly improves your chances of receiving full benefits. Insurance companies routinely deny or undervalue claims. Casey Ariail has spent his career fighting for injured workers and is recognized among the top workers’ compensation attorneys in Virginia.
Consult a Richmond Workers’ Compensation Attorney Today
If you were injured at work, you may need a workers’ compensation attorney.
There are many workers’ compensation attorneys in Richmond, but here’s what you should know about River Run Law:
- We are skilled legal advocates who want to get you the money you deserve;
- We work on contingency, meaning you don’t have to pay us until we win your case;
- We get to know you so that we can passionately advocate for your needs; and
- We are a small firm, so you’ll experience a warm and friendly relationship unlike the impersonal service offered by the big firms around town.
To get started on your workplace injury claim, contact our workers’ compensation attorneys for a free consultation.
Named the “Go-To” Workers’ Compensation Lawyer in Virginia, you can rest assured that your case is in good hands.
We can meet with you by video conference, speak on the phone, communicate via email, or come to you in person.
You can share your experience, ask questions, and decide whether we’re a good fit for your case. We’ll advise you on legal options and get to work as soon as you choose to move forward.