Virginia Workers' Compensation laws & safety compliance analysis

Virginia Workers' Compensation: What you need to know

Virtually all employees, except those who elect not to be covered, must be covered by workers' compensation insurance.

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Exceptions. The exceptions are:

  • Employees working for nonmining employers with fewer than three employees (miners are covered without regard to the number employed)
  • Employees of railroads
  • Casual employees
  • Domestic servants
  • Taxi drivers
  • Real estate sales representatives who work for commissions
  • Farm and horticultural laborers who work for employers with two full-time employees or fewer

Sole proprietors and partners. They are considered owners of businesses and are, therefore, not covered by workers' compensation. However, they may elect to obtain coverage by purchasing insurance.

Limited liability company. Members of a limited liability company are not covered by workers' compensation, unless specifically covered by an insurance policy, or if elected or appointed as a manager.

Corporate officers. Corporate officers may choose to reject workers' compensation coverage for accidents but not for occupational diseases. To reject, officers must file a Notice of Rejection with the insurer and the Commission. If the officers are paid regularly, they are considered employees.

Subcontractors. Employees of subcontractors must be covered by the contractor if their work is done as part of the contractor's business.

Covering exempt employees. Employers of any exempt employees may voluntarily elect to cover them.

Volunteers. Volunteer firefighters, lifesaving and rescue squad members, auxiliary and reserve police officers, law enforcement chaplains, auxiliary and reserve deputy sheriffs, and emergency medical technicians are considered employees of the political subdivision in which the principal squad office is ...

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Related Topics

More on this topic:

Who Is Covered?
What Is Covered?
Insurance Coverage
Preexisting Conditions/Second Injuries
Multiple Employers
Safety Plans
Safety Committees
Employer Reporting
Notice Posting
Contesting Benefits
Violations and Penalties
Additional Information: