Federal & State Regulations | Workers’ compensation - Virginia

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Self-insurance by private carrier, individual employers, or groups of employers.

Exemptions from WC: Employers with fewer than 3 employees. Agricultural workers working for an employer who regularly has in service more than 2 full-time employees.

Medical benefits provided: Full.

Physician selection: Employee selects physician from a list maintained by employer.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for a maximum of 500 weeks.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability.

Benefits for permanent partial disability (PPD): 66 2/3 percent for up to 500 weeks. Period of payment may be extended is employee is still disabled with 1 year of final payment.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of TTD benefits.

Disfigurement benefits: 66 2/3 percent of employee’s average weekly wage is paid for a disfigurement severely marking head, face, hands, arms, or legs.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for up to 500 weeks. Children receive benefits beyond 18 is disabled or until age 23 if full-time students.

Maximum burial allowance: $10,000. Reasonable expenses will be authorized not exceeding $1,000 for transportation of decedent to place of burial.

Waiting period: 7 days. Compensation is retroactive if disability continues for more than 3 weeks from date of injury.

Rehabilitation: Employer is responsible for physical rehabilitation (PR) and vocational rehabilitation (VR) costs. Employees must accept both PR and VR or compensation may be suspended. During VR employee received TTD; maximum $25,000 is allowed for rehab appliances prescribed by the treating physician for medical care.

Attorney fees: Determined on an individual case basis by agency.

Occupational hearing loss statutes: Employee has 2 years from date of discovery to file for compensation. Compensation for one ear is $35,300; for both ears it is $70,600. There is a deduction for preexisting loss.

Forms - http://vwc.state.va.us/vwc-forms

What’s new - http://vwc.state.va.us/