Hurt at work in Virginia? Deadlines, weekly benefit and how to file

Tell your employer in writing within 30 days. File your claim within 2 years (the date of the accident).

Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages, up to $1,507.01 a week (July 1, 2026 to June 30, 2027).

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

In Virginia, temporary total disability pays part of your lost wages while you cannot work because of a work injury or occupational disease. Your employer's insurance carrier pays benefits; the Virginia Workers' Compensation Commission works like a court and decides disputes, but it does not pay benefits itself.

What are my deadlines?How much will I get?Who is my doctor?Claim denied?

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

Free tools for Virginia

Free tools that run in your browser. Nothing you enter is saved or sent until you download, copy or print a document.

Deadline helper

Worked out in your browser. Nothing you enter here is saved or sent.

If you are not sure of the exact day, use the earliest day you think it could be.

Enter the date of injury

We add the number from the law to your date. Nothing is saved.

Benefit estimate calculator

This estimate uses the rule in Virginia's data: a share of your average weekly wage, up to the state maximum.

Worked out in your browser. Nothing you enter here is saved or sent.

Gross pay per week, as the insurer would figure it. Include regular overtime and tips if they were part of your pay.

Enter your pay

We apply the rule in the law. Nothing is saved.

Written notice to your employer

A letter that tells your employer, in writing, that you were hurt or made sick by your work.

Where the reply should be sent.

Required when you mail it. Not needed if you hand it in person.

In your own words, in English. Keep it short and factual. Do not guess why it happened.

It goes into the letter as you type it.

Other formats

Claim checklist: what to gather and do

A printable list of papers to keep and steps to take.

What you already have

Virginia
Other formats

Your checklist

Deadlines in Virginia

Tell your employer
30 days
File your claim
2 years
Waiting period

No wage benefits are paid for the first 7 calendar days you cannot work.

All the details →

Weekly benefit in Virginia

What it pays
Two-thirds of your gross (before-tax) wages
Maximum
$1,507.01 a week (July 1, 2026 to June 30, 2027)
Minimum
$376.75 a week (July 1, 2026 to June 30, 2027)
Minimum rule

The minimum is $376.75 a week, but your benefit can never be more than your own average weekly wage. If you earned less than $376.75 a week, you get your full average weekly wage.

Applies to
Injuries (or disablement from disease) on or after July 1, 2026 and through June 30, 2027

Law: Va. Code §§ 65.2-101 ('average weekly wage'), 65.2-500, 65.2-518

Source: workcomp.virginia.gov

All the details →

Who is your doctor in Virginia?

Who chooses
You choose from a list
Network
Panel of at least 3 physicians chosen by the employer

Your employer must give you a list (panel) of at least 3 doctors, and you choose your treating doctor from that list. The panel may include chiropractors if your injury can be treated by one. In an emergency, go to the nearest care and tell them the injury happened at work.

To change doctors outside the panel, you need the employer's agreement or an order from the Commission. If the employer did not give you a panel, did not provide care, or in an emergency, the Commission can order the employer to pay for a doctor you chose. If your request for medical treatment is not answered, contact the Commission.

Law: Va. Code § 65.2-603

Source: workcomp.virginia.gov

Who is covered in Virginia

Size of employer

Employers that regularly have more than two employees in Virginia (full-time or part-time) must carry workers' compensation insurance.

Special rules
  • Farm and horticultural laborers: Farm and horticultural laborers are covered only if the employer regularly has more than 3 full-time employees.
  • Underground coal mines: The small-employer exemption does not apply to operators of underground coal mines.
Not covered
  • Employers that regularly have fewer than 3 employees (unless they choose coverage)
  • Casual employees
  • Domestic servants (household workers)
  • Farm and horticultural laborers, unless the employer regularly has more than 3 full-time employees
  • Licensed real estate salespersons and associated brokers paid almost entirely by commission under an independent-contractor contract
  • Certain taxicab and executive sedan drivers, and certain truck owner-operators leased to a carrier under an independent-contractor contract
  • Unpaid employees and directors of tax-exempt (501(c)(3)) charities and property owners' associations
  • Interstate and intrastate railroad workers, and workers covered by the Longshore Act or the Jones Act, are covered by federal law, sometimes in addition to state law
Contractors

An independent contractor is not covered as an employee unless the employer chooses to cover that person, the contractor agrees, and (unless the employer is self-insured) the employer's insurer agrees in writing. Whether you are really an employee or a contractor depends on the facts, not on what your employer calls you; the Commission decides disputes.

If your employer has no insurance

If your employer was required to have insurance but did not, you can still file a claim with the Commission. If the Commission finds your claim is covered and the employer has no insurance (or a self-insured employer cannot pay), it can order benefits paid from the Uninsured Employer's Fund.

Uninsured Employer's Fund

Law: Va. Code §§ 65.2-101, 65.2-1203

Source: workcomp.virginia.gov

If your claim is denied or delayed in Virginia

First step

A denial only means the insurer will not pay voluntarily. Make sure your Claim Form is on file with the Commission, then send the Commission a written request for a hearing.

Form
Claim Form

All the details →

Fired or punished for filing in Virginia

No employer or person may fire you only because you plan to file or have filed a workers' compensation claim, or because you testified or are about to testify in a workers' compensation proceeding. Firing someone for filing a fraudulent claim is not covered.

The law
Va. Code § 65.2-308
What you may get

The court can order your job back, back pay with interest, actual damages, and attorney's fees if you win.

Where to file

File a lawsuit in a Virginia circuit court that has jurisdiction over the employer.

Law: Va. Code § 65.2-308

Source: law.lis.virginia.gov

Lawyers' fees and other benefits in Virginia

All attorney fees for an injured worker are set and approved by the Commission and are taken out of the amount awarded to you. An attorney may also ask the Commission to order you to repay costs the attorney paid to prepare for a hearing.

Virginia workers' compensation also pays lifetime medical care for the injury as long as necessary, temporary partial disability, permanent partial disability for listed body parts and disfigurement, permanent total disability, vocational rehabilitation, cost-of-living adjustments (you must apply every year), death benefits, and burial costs up to $15,000 plus up to $1,000 for transportation (from July 1, 2026).

Free help in Virginia

State agency

Virginia Workers' Compensation Commission

Phone
1-877-664-2566
Address
333 E. Franklin St., Richmond, VA 23219
Find an office
Look up your case

Free help

Good to know in Virginia

  • Even if your employer or its insurer is already paying you, you must still file your own Claim Form with the Commission within 2 years to protect your rights (VWC).
  • Gradual injuries from repetitive work are generally not covered as an 'injury by accident', though carpal tunnel syndrome, hearing loss and other repetitive-trauma diseases may be covered as occupational diseases (VWC).
  • The Commission accepts filings only in English and does not accept filings by e-mail (VWC).

Changes in 2024–2026

The maximum and minimum change every July 1: $1,410.00 / $352.50 for injuries from July 1, 2024; $1,463.10 / $365.78 from July 1, 2025; $1,507.01 / $376.75 from July 1, 2026. The burial allowance rose from $10,000 to $15,000 effective July 1, 2026.

Questions about workers' comp in Virginia

How long do I have to tell my employer about a work injury in Virginia?

Report the injury to your employer immediately, in writing. The law requires written notice as soon as practicable and no later than 30 days after the accident.

How long do I have to file a workers' comp claim in Virginia?

You must file your own Claim Form with the Commission within 2 years after the accident. This is true even if your employer or its insurer is already paying you voluntarily.

How much does workers' comp pay in Virginia?

Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages, up to $1,507.01 a week (July 1, 2026 to June 30, 2027).

Can I choose my own doctor for a work injury in Virginia?

Your employer must give you a list (panel) of at least 3 doctors, and you choose your treating doctor from that list.

Can my employer fire me for filing a workers' comp claim in Virginia?

No employer or person may fire you only because you plan to file or have filed a workers' compensation claim, or because you testified or are about to testify in a workers' compensation proceeding.

What if my workers' comp claim is denied in Virginia?

A denial only means the insurer will not pay voluntarily. Make sure your Claim Form is on file with the Commission, then send the Commission a written request for a hearing.

Not about a work injury?

Not about a work injury? Unpaid wages → Wage Claim Map · Hurt in a car crash → Accident Claim Map · A medical bill → Medical Bill Map · Unemployment benefits → Unemployment Claim Map · Other problems → robinclaim.com

Nearby states

Sources