Virginia Workers' Compensation Insurance

A sole proprietor with no employees is exempt from mandatory coverage and can add it voluntarily. Corporate officers and LLC managers are classified as employees and cannot be automatically excluded, but they can affirmatively reject coverage for themselves by filing a Rejection of Coverage (Form 16A) with both the Commission and the insurer, as long as valid coverage otherwise exists for the business. A single-member LLC's member isn't automatically covered unless they elect coverage with their insurer; for multi-member LLCs, a member who performs compensated work separate from their ownership duties can count toward the coverage threshold. Non-compensated officers of 501(c)(3) nonprofits and property owners' associations are exempt.

An employer that fails to maintain required coverage faces a civil penalty of up to $250 per day of noncompliance, capped at $50,000, and separately can face enhanced penalties of $500 to $5,000 per instance for certain reporting violations (Va. Code §§ 65.2-805, 65.2-803.1). A noncompliant employer also becomes directly liable to an injured employee for either statutory workers' comp benefits or a personal injury judgment, and loses standard negligence defenses in that lawsuit. The Commission issues written notice and an opportunity to comply before assessing penalties.

Virginia is a competitive market state rated by NCCI, so our agency can compare coverage across the many private carriers writing business here. Employers who can't find a voluntary carrier are placed through the NCCI-administered assigned risk plan, which assigns the account to a servicing carrier. There is no Virginia state-run workers' comp fund. Because Virginia's threshold is based on total headcount, including certain subcontractor labor, a growing small business should re-check its status with an agent as it crosses the two-employee mark or begins subcontracting work in its own trade.