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VA · Daycare & Child Care Centers

Virginia Workers' Comp Insurance for Daycare & Child Care Centers

Workers' compensation requirements, class codes and carrier options for daycare & child care centers in Virginia — from one application.

Child care staff face lifting strain, exposure to childhood illness, and slip-and-fall risk while supervising active children all day. Virginia requires coverage once a business has more than two part-time or full-time employees; employers with two or fewer employees are generally exempt unless they choose to carry coverage voluntarily. Provident Financial Group compares multiple carriers for Virginia daycare & child care centers so you can see what you qualify for and buy online.

Do daycare & child care centers in Virginia need workers' comp?

Virginia requires coverage once a business has more than two part-time or full-time employees; employers with two or fewer employees are generally exempt unless they choose to carry coverage voluntarily. When a general contractor uses subcontractors performing work in the same trade or business, those subcontractor employees can count toward the general contractor's total, so it's possible to trip the threshold through subcontracted labor alone. See the Virginia Workers' Compensation Commission's employer FAQs.

Daycare & Child Care Centers workers' comp in Virginia: what to know

This coverage fits licensed daycare centers, preschools, and before-and-after-school programs whose staff supervise, feed, and care for children throughout the day. It fits both standalone child care businesses and child care programs operated as part of a larger organization, such as a church or nonprofit, and it applies whether the center serves infants, toddlers, preschoolers, or a mix of age groups at one location or at one or more licensed locations run by the same operator.

Child care center work is rated under a classification that covers all employees at the center together, including teachers, aides, kitchen staff, and clerical or administrative staff, along with any drivers who transport children. That broad structure reflects how much staff at a small center typically move between roles over the course of a day rather than staying in one narrow function. A center that also runs a summer camp or extended-care program on the same site is generally still covered under the same classification, since the underlying work of supervising and caring for children stays consistent.

Back and shoulder strain from lifting infants and toddlers throughout the day is one of the most common sources of claims, along with exposure to common childhood illnesses that spread quickly in group-care settings. Slip-and-fall injuries during outdoor play supervision, cuts or minor injuries while managing active children, and repetitive strain from bending down to a child's level all day round out the typical claim picture. Outdoor playground supervision adds its own exposure from playground equipment and uneven ground, separate from the indoor lifting and illness exposure that dominates infant and toddler rooms, and a center with a large outdoor play area should expect that to come up in underwriting. Carriers weigh staff-to-child ratios, playground and equipment maintenance, and illness-control practices like handwashing protocols.

Because a child care center's staff often move between teaching, meal prep, and administrative duties, one application is used to compare how multiple carriers rate the center's total payroll under this classification, with declined carriers shown honestly alongside the offers that come back rather than glossed over. Get Multiple Quotes within minutes.

Whether you search for Virginia workers' compensation insurance, workers comp, workman's comp or work comp for daycare & child care centers, it is the same coverage: medical care and wage replacement for employees hurt on the job, plus employers liability protection for the business.

Virginia class codes for daycare & child care centers

Virginia uses NCCI class codes, so the codes below are the ones carriers typically assign to this work in Virginia.

Common injury exposures for daycare & child care centers

  • Back and shoulder strain from lifting infants and toddlers
  • Exposure to common childhood illnesses in group-care settings
  • Slip-and-fall injuries during indoor and outdoor play supervision
  • Cuts and minor injuries while managing active children
  • Repetitive strain from bending and kneeling to a child's level
  • Vehicle exposure for staff who transport children

Quote Virginia daycare & child care centers workers' comp.

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What drives daycare & child care centers workers' comp cost in Virginia

  • Total staff payroll and staff-to-child ratios
  • Age groups served, since infant and toddler care involves more physical lifting
  • Whether the center provides transportation for children
  • Playground and equipment maintenance and safety practices
  • Prior claims history and experience modification factor
  • State where the center operates and that state's loss costs

Owners, officers and LLC members in Virginia

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.

Independent contractors and subcontractors

Virginia determines employee-versus-contractor status under common-law control principles rather than job title or how someone is paid: a worker who is selected and can be dismissed by the business, earns wages, and works under the business's control over the means and methods of the job is generally treated as an employee for coverage purposes. Because subcontractor employees can count toward a general contractor's own threshold and exposure, collecting proof of coverage from every subcontractor is standard practice to avoid unexpected audit premium for uninsured subs.

Coverage notes

  • Employers liability coverage (Part Two) applies alongside the statutory benefit for injuries that lead to a lawsuit outside the workers' comp system
  • Licensing agencies and landlords commonly require a certificate of insurance before a center opens or renews its license
  • Centers operating as part of a larger nonprofit or church may need to review how payroll is reported between the two operations
  • General liability is commonly carried alongside workers' comp given the child-safety exposure inherent to this business
  • Background-check and licensing compliance is a separate regulatory requirement from workers' comp but is often reviewed together with it

Penalties for going without coverage in Virginia

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.

How daycare & child care centers buy workers' comp in Virginia

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.

Rating bureau

National Council on Compensation Insurance

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Regulator

Virginia Workers' Compensation Commission

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Virginia daycare & child care centers workers' comp questions

Do daycare & child care centers businesses in Virginia need workers' comp insurance?

Virginia requires coverage once a business has more than two part-time or full-time employees; employers with two or fewer employees are generally exempt unless they choose to carry coverage voluntarily. When a general contractor uses subcontractors performing work in the same trade or business, those subcontractor employees can count toward the general contractor's total, so it's possible to trip the threshold through subcontracted labor alone. See the Virginia Workers' Compensation Commission's employer FAQs.

What workers' comp class codes apply to daycare & child care centers in Virginia?

Common codes for this work include 8869 Child Care Center; 8810 Clerical Office Employees; 7380 Commercial Drivers & Messengers. Virginia uses NCCI class codes, so the codes below are the ones carriers typically assign to this work in Virginia.

Can owners or officers of a Virginia daycare & child care centers business be excluded?

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.

What happens if a Virginia daycare & child care centers business has no workers' comp?

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.

What drives the cost of daycare & child care centers workers' comp in Virginia?

Price is driven by payroll in each class code, the Virginia rates filed for those codes, your claims history (experience modification), and underwriting factors such as total staff payroll and staff-to-child ratios; age groups served, since infant and toddler care involves more physical lifting; whether the center provides transportation for children. We compare carriers so you can see what you qualify for.

How do I get a Virginia daycare & child care centers workers' comp quote?

Complete one application and we compare up to 10 carriers in minutes, with the option to purchase online. A Live Certificate is included with your coverage, so proof of coverage is always live and shareable by text or email in seconds.

Are kitchen and administrative staff at a daycare rated differently than teachers?

No — the child care center classification covers all employees at the center together, including teachers, aides, kitchen staff, and clerical staff, reflecting how much roles overlap at a typical center.

Does infant care cost more to insure than care for older children?

Age groups served are one factor carriers consider, since infant and toddler care generally involves more physical lifting and hands-on assistance than programs serving older, more independent children.

Does a church-run daycare use the same classification as a standalone center?

Generally yes, the child care center classification applies to the daycare staff and operations regardless of whether the center is standalone or operated as part of a larger church or nonprofit.

How many employees does a Virginia business need before workers' comp is required?

Coverage is required once an employer has more than two part-time or full-time employees; businesses with two or fewer are generally exempt unless they choose coverage voluntarily.

Can a Virginia corporate officer opt out of coverage?

Yes, by filing a Rejection of Coverage (Form 16A) with the Workers' Compensation Commission and the insurer, but only if the business otherwise has valid coverage in place.

Last reviewed · Reviewed by Provident Financial Group licensed agents

Quote Virginia daycare & child care centers workers' comp.

One application goes out to every carrier we can access for your class of business. You get a ranked comparison you can review and purchase online — with a licensed agent available whenever you want one.

Mon–Fri, 8:00am–6:00pm ET · Independent agency licensed in 23 states