Virginia's workers compensation law is the Virginia Workers' Compensation Act, Title 65.2 of the Code of Virginia. The Virginia Workers' Compensation Commission administers benefits. The State Corporation Commission's Bureau of Insurance regulates insurers and runs the assigned risk program. There's no monopolistic state fund. The policy and premium basics are in the national workers compensation guide. This guide covers the Virginia rules.

Who is covered (65.2-101)

Not covered:

• employees of an employer that regularly has fewer than three employees in the same business in Virginia, unless the employer elects coverage
• farm and horticultural laborers, unless the employer regularly has more than three full-time employees
• casual employees and domestic servants
• real estate salespersons paid substantially by commission under a written independent-contractor agreement who aren't treated as employees for federal tax

Covered: minors and aliens working for an employer.

Acceptance and exclusive remedy (65.2-300)

• Covered employers and employees are conclusively presumed to accept the Act. No contract can relieve the employer of its duties.
• Workers compensation replaces tort suits against the employer for covered injuries.
• Executive officers (65.2-300):
  • An officer may reject coverage for accidents, but not occupational disease, by notice filed with the Commission before the accident.
  • A rejecting officer then sues at common law. The employer keeps the defenses of contributory negligence, fellow-servant negligence and assumption of risk.
  • A revocation of the rejection doesn't cover injuries within 5 days of the revocation notice.
• Covered: injury by accident and occupational disease arising out of and in the course of employment.
• Not paid: pain and suffering or punitive damages.

Securing compensation (65.2-801, 65.2-820)

An employer secures liability through one of:

• an authorized insurer
• individual self-insurance, by certificate from the Workers' Compensation Commission
• a licensed group self-insurance association or local government pool
• a qualifying PEO arrangement

Buying from an unlicensed insurer doesn't count. Employers that can't get coverage apply to the SCC for assigned risk placement through the Virginia Workers' Compensation Insurance Plan (65.2-820; 38.2-2000.1).

Guaranty protection

If a workers compensation insurer becomes insolvent, the Virginia Property and Casualty Insurance Guaranty Association pays covered workers compensation claims in full (38.2-1606).

Common exam traps

• Coverage applies at three employees. Farm labor is covered only above three full-time workers.
• Casual employees and domestic servants are excluded.
• An executive officer can reject coverage for accidents but not occupational disease.
• Assigned risk goes through the SCC. Self-insurance approval comes from the Workers' Compensation Commission.