Virginia Workers' Compensation laws & safety compliance analysis

Virginia Workers' Compensation: What you need to know

Who Is Covered?

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

• Any person who suffers an injury injury covered by the Longshore and Harbor Workers' Compensation Act or the Merchant Marine Act of 1920

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 ...


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