Virginia Workers Compensation Insurance

The Role of Experience Rating Modifiers (E-Mod)

Once a Virginia business develops sufficient premium history, typically after three years and meeting minimum premium thresholds, it receives an experience modification factor that adjusts premiums based on actual claims experience. An E-Mod of 1.0 represents average performance for the industry, while numbers below 1.0 indicate better-than-average safety records and result in premium discounts. A business with an E-Mod of 0.80 pays 20% less than the manual rate, while one with an E-Mod of 1.25 pays 25% more. This system rewards employers who invest in workplace safety and claims management while penalizing those with poor loss histories. ABP Insurance Agency, Inc. works with Virginia employers to identify strategies for improving E-Mod scores, which can generate substantial savings over time.

Virginia's workers compensation system provides several categories of benefits designed to address medical needs and replace lost income during recovery periods.

Medical Expenses and Lifetime Awards

Injured workers in Virginia receive coverage for all reasonable and necessary medical treatment related to their workplace injury, with no deductibles, copays, or coverage limits. This medical benefit continues for the life of the injured worker as long as treatment remains connected to the original injury. Employers or their insurance carriers maintain the right to direct medical care through a panel of physicians, though workers may petition for changes under certain circumstances. Prescription medications, physical therapy, surgical procedures, and durable medical equipment all fall within covered medical expenses. The absence of monetary caps on medical benefits distinguishes workers compensation from most health insurance policies and reflects the system's purpose of providing complete care for workplace injuries.

Wage Replacement: TTD and PPD Benefits

Temporary Total Disability benefits replace a portion of lost wages when an injured worker cannot perform any work during recovery, calculated at two-thirds of the worker's average weekly wage subject to statutory maximum and minimum amounts. Virginia's maximum weekly benefit changes annually and currently sits at $1,291 for injuries occurring in 2024, while the minimum is $275 per week. Permanent Partial Disability benefits apply when workers reach maximum medical improvement but retain some lasting impairment, with payments based on a schedule that assigns specific values to different body parts. A worker who loses use of an arm receives 200 weeks of benefits, while loss of a thumb provides 60 weeks. These scheduled awards do not require proof of actual wage loss, making them available even to workers who return to their previous positions.

Virginia establishes strict timelines and procedures for reporting workplace injuries and filing claims with the Workers' Compensation Commission.

Statutory Deadlines for Notice and Filing

Injured workers must notify their employer of a workplace injury within 30 days, though reporting immediately remains the best practice for protecting claim rights. Employers who receive notice must file a First Report of Injury with the Virginia Workers' Compensation Commission within 10 days if the injury causes the worker to miss more than seven days of work. The statute of limitations for filing a claim is two years from the date of injury or two years from the last payment of compensation, whichever is later. Missing these deadlines can result in complete forfeiture of benefits, making timely reporting essential for both employers and employees. ABP Insurance Agency, Inc. assists Virginia businesses in establishing reporting procedures that protect all parties and ensure compliance with statutory requirements.

The Virginia Workers' Compensation Commission (VWCC) Review



The VWCC serves as the administrative body overseeing all workers compensation matters in Virginia, including disputed claims, benefit calculations, and employer compliance. When parties cannot agree on issues such as compensability, benefit amounts, or medical treatment, either party may request a hearing before a Deputy Commissioner. Decisions from Deputy Commissioners may be appealed to the full Commission, and Commission decisions may be appealed to Virginia's Court of Appeals. The VWCC also maintains records of all injuries, processes settlement agreements, and enforces compliance with coverage requirements. Employers should understand that the Commission operates independently from courts and applies workers compensation law rather than general civil law principles.

Virginia employers have several options for obtaining workers compensation coverage, each with distinct advantages and requirements.

Private Insurance Carriers and Self-Insurance



Most Virginia employers purchase workers compensation coverage through private insurance carriers, which compete for business and offer varying rates, services, and claims handling approaches. Independent agencies like ABP Insurance Agency, Inc. can access multiple carriers to find competitive rates and appropriate coverage for Virginia businesses across various industries. Large employers with substantial financial resources may apply to the VWCC for self-insurance certification, which requires demonstrating financial ability to pay claims directly without insurance backing. Self-insured employers must post security bonds and submit to ongoing financial monitoring by the Commission. Virginia also participates in the assigned risk pool, known as the Virginia Assigned Risk Plan, which provides coverage to employers unable to obtain insurance in the voluntary market.

Do Virginia businesses with only two employees need workers comp coverage? No, Virginia's mandatory coverage threshold requires three or more employees, though voluntary coverage remains available for smaller businesses.

How quickly must an employer report a workplace injury in Virginia? Employers must file a First Report of Injury within 10 days when an injury causes more than seven days of missed work.

Can Virginia workers choose their own doctor for a work injury? Employers generally control initial medical treatment through a panel of physicians, though workers may request changes through the VWCC under certain circumstances.

What happens if a subcontractor does not have workers comp insurance? The general contractor or hiring business may become responsible for injuries to that subcontractor's employees under Virginia's statutory employer doctrine.

How long do workers compensation medical benefits last in Virginia? Medical benefits continue for the lifetime of the injured worker as long as treatment remains reasonably necessary and connected to the workplace injury.