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Workers' compensation insurance in Virginia

  • The Virginia Workers' Compensation Commission states that an employer who regularly employs more than two part-time or full-time employees must carry Virginia workers' compensation coverage.
  • Civil penalties under § 65.2-805 can reach not more than $250 per day of noncompliance, subject to a $50,000 maximum — and uninsured employers can lose key civil-suit defenses.

Virginia workers' compensation at a glance

Virginia employers who regularly employ more than two part-time or full-time employees must carry workers' compensation under Title 65.2. Subcontractors' employees count toward that threshold. Virginia has no waiver form. Out-of-state policies need Virginia on item 3A, not 3C. Epic Insurance Group in Roanoke shops 13 carriers.

Key takeaways about Virginia workers' compensation insurance

  • Virginia employers who regularly employ more than two part-time or full-time employees must carry workers' compensation coverage under Title 65.2, per the Virginia Workers' Compensation Commission.
  • When a contractor hires subcontractors for the same trade or to fulfill a contract, the subcontractors' employees count toward the more-than-two threshold — even if those subcontractors carry their own WC.
  • Virginia does not provide a waiver or exemption form for sole proprietors or other employers who believe they fall below the Act. Out-of-state policies need Virginia listed under item 3A; a 3C listing is not enough.
  • Failing to insure when required can trigger civil penalties under § 65.2-805 of not more than $250 per day, subject to a $50,000 maximum, plus civil-suit exposure with key employer defenses barred.

What does Virginia require for workers' compensation insurance?

The Virginia Workers' Compensation Commission states that, as a general rule, a business with more than two employees regularly employed in Virginia is required to carry workers' compensation coverage. Employees are viewed broadly and include part-time, seasonal, and temporary workers, minors, trainees, immigrants, and working family members.

Code of Virginia § 65.2-800 requires every employer subject to the compensation provisions of Title 65.2 to insure the payment of compensation to employees in the manner the title provides. While that insurance remains in force, employer liability for covered personal injury or death by accident is limited to the extent and manner specified in the Act.

An employer that is not required to carry coverage under the law may still obtain coverage voluntarily. Commercial insurance is not sold by the Commission; it is available through an insurance agent or carrier. Other lawful paths named by VWC include self-insurance, a group self-insurance association, or a professional employer organization (PEO).

What are the minimum coverage limits in Virginia?

Virginia workers' compensation is a statutory benefits system under Title 65.2, not a commercial general-liability dollar limit you pick from a menu. When coverage is required, the employer must secure payment of compensation as the Act provides — typically through a Virginia workers' compensation policy (or another lawful securing method VWC recognizes).

There is no single published “minimum CGL-style” dollar limit for Virginia WC on this page. Benefits and employer duties follow the Act and the policy. Epic Insurance Group does not invent a statewide average premium or a substitute dollar limit in place of the statutory program.

For contractors, VWC warns that carriers can charge premium for hired subcontractors — even a sole proprietor with no employees — so contractors should request and keep proof of coverage for subcontractors for audit.

What are the penalties for operating without coverage in Virginia?

Under Code of Virginia § 65.2-805, an employer who fails to comply with § 65.2-800 or § 65.2-804 shall be assessed a civil penalty of not more than $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000.

During that failure, the employer is also liable to an injured employee either for compensation under Title 65.2 or at law in a civil suit — and in such a suit the employer may not defend on employee negligence, fellow-employee negligence, or assumption of the risk (§ 65.2-805(A)).

The Commission may assess civil penalties in an open hearing. After finding noncompliance and giving 15 days' certified-mail notice, if the failure continues the Commission may order the employer to cease and desist all business transactions and operations until found in compliance. VWC employer materials also note continued failure can subject an employer to criminal prosecution.

How much does workers' compensation insurance cost in Virginia?

A freely verified statewide Virginia workers' compensation average premium was not available for this page. No profile book median and no SRC-054 tier 2/3 WC rate table met the bar, so we do not invent a dollar average or a typical experience modification factor.

The Virginia Workers' Compensation Commission employer information sheet explains that cost varies with how hazardous the work is. The three main factors that establish how premium is calculated are: (1) classification code (industry), (2) payroll, and (3) experience modifier based on claim and loss history. Higher hazard, higher payroll, and more claims generally mean higher premium.

Premium and rate disputes sit with the State Corporation Commission Bureau of Insurance (not only VWC). Epic Insurance Group shops 13 carriers for Virginia workers' compensation from our Roanoke office. Call (540) 269-1301 for a quote based on your classifications and payroll — not a made-up statewide average.

No SRC-054 tier 2/3 Virginia workers' compensation premium table was available for this page (LAYOUT-030a). Cost factors are explained above; we do not invent a statewide average or experience-mod average.

Methodology

No freely published Virginia workers' compensation average premium or experience-modification table met the SRC-054 tier 2/3 bar for this page. Profile book_segments is empty. Per LAYOUT-030a, this page omits a RateTable and explains how premium is built (classification, payroll, experience modifier) from VWC employer guidance instead of inventing statewide averages.

Employee-count threshold, subcontractor counting, waiver policy, item 3A vs 3C endorsement rules, and dual regulation (VWC + SCC Bureau of Insurance) are taken from the Virginia Workers' Compensation Commission employers materials fetched for this run (August 21, 2026). Civil-penalty amounts and barred defenses cite Code of Virginia § 65.2-805; the duty to insure cites § 65.2-800.

What makes Virginia different: employee threshold, 3A endorsement, and dual regulation

Three Virginia-sourced facts matter when you shop workers' compensation here. Each is tied to a primary Commission or Code source fetched for this page.

More than two employees — and subcontractors count

VWC's employers page and employer information sheet both state that an employer who regularly employs more than two part-time or full-time employees must carry Virginia workers' compensation. For a contractor or other business that hires subcontractors to assist in their trade, business, or to complete a contract, the subcontractors' employees are included when counting employees — even if the subcontractor already has its own workers' compensation coverage.

No waiver form — and Virginia must be on item 3A

Virginia does not provide a waiver or exemption form for a sole proprietor or other business that is not required to carry coverage under the Act. Separately, Virginia requires Virginia coverage for work performed in Virginia, including temporary work, and does not have reciprocity with other states. Most out-of-state employers can add a Virginia endorsement placing Virginia under item 3A of the policy; listing Virginia only under item 3C is not sufficient.

Dual regulation — VWC and the SCC Bureau of Insurance

Workers' compensation insurance is under dual regulation in Virginia. The Virginia Workers' Compensation Commission oversees the Act and coverage compliance. The Bureau of Insurance at the State Corporation Commission oversees insurance regulation related to premium, pricing, rates, and audits. Questions about whether you must be covered often start with VWC; questions about how a carrier priced or audited a policy often go to the Bureau.

Read primary employer rules at the Virginia Workers' Compensation Commission employers page and see Virginia general liability insurance for third-party liability that sits beside WC — not instead of it.

Which Virginia-specific coverages should you consider?

Workers' compensation sits beside — not instead of — other commercial coverages. Match the stack to how you hire and what certificates must show:

  • Workers' compensation (Title 65.2) — statutory benefits for employee work injuries when you regularly employ more than two people, or when you elect voluntary coverage
  • Employer's liability — often packaged with a WC policy; addresses certain employer liability exposures that sit outside the statutory benefits track — ask your agent how your form is structured
  • Commercial general liability — third-party bodily injury and property damage — separate from WC; see our Virginia general liability guide
  • Business owner's policy (BOP) — property and liability package for many small businesses; does not replace required workers' compensation
  • Certificates / Form 61A context — contractors often need proof of WC for GCs and owners; VWC publishes contractor certificate forms among employer documents

Justin Miller at Epic Insurance Group in Roanoke can separate workers' compensation from general liability and BOP so the quote matches how you staff jobs — including subcontractors — without inventing a statewide WC average premium.

What does workers' compensation insurance cost in Virginia cities?

Published free city-level average workers' compensation premiums for Virginia municipalities were not available for this page. We therefore do not invent Roanoke, Salem, Richmond, or other city medians.

Local quotes still vary by classification mix, payroll, and loss history. Epic Insurance Group serves employers across the Roanoke Valley and surrounding Virginia markets — call (540) 269-1301 for a quote based on your operations, not a fabricated city average.

How do you file a claim in Virginia, and what are your rights?

VWC employer guidance says every employer shall keep a record of injuries or deaths that occur in the course of employment, educate employees on injury reporting before an injury occurs, and immediately notify the insurer upon notice of an injury. Employers subject to the Act must also conspicuously post a workers' compensation notice indicating compliance with the Act (VWC Form 1).

Report work injuries promptly to your insurance carrier using the carrier's preferred method. The employer information sheet notes that the cost of workers' compensation cannot be deducted from employee wages.

If you believe a commercial insurance premium, classification, or audit dispute was mishandled, contact the State Corporation Commission Bureau of Insurance. Coverage-compliance questions about whether an employer must be insured belong with the Virginia Workers' Compensation Commission. Epic Insurance Group clients can also call (540) 269-1301 so we can help coordinate reporting.

Consumer complaint resources: SCC file a complaint · coverage compliance: VWC employers .

How do you verify a license or file a complaint with the Virginia Department of Insurance?

Workers' compensation compliance is overseen by the Virginia Workers' Compensation Commission. Insurance premium, pricing, rates, and audits are overseen by the State Corporation Commission Bureau of Insurance — the dual-regulation model VWC describes on its employers page.

To raise a concern about an insurer, agent, or claim handling on a Virginia-issued policy, use the SCC Bureau of Insurance consumer complaint process. File online through the Bureau's Insurance Complaint Portal, or use the mail/fax forms linked from the file-a-complaint page.

VWC's Insurance Department can be reached at (804) 205-3586 or vwcinsurance@workcomp.virginia.gov for coverage-compliance questions. The Bureau of Insurance property and casualty consumer line is listed on the SCC complaint page as (804) 371-9185.

Statute text: § 65.2-800 and § 65.2-805 · related commercial stack: Virginia business insurance.

Which carriers do we place in Virginia?

Epic Insurance Group is an independent agency. We shop 13 carriers for Virginia commercial lines, including workers' compensation, from our Roanoke office — we are paid the same regardless of which carrier you choose.

Named carrier appointments for workers' compensation are not listed on this page because the profile appointments list is not yet published for this line. When you request a quote, we compare the markets we can access for your class codes, payroll, and loss history rather than steering you to a single company brand.

See our insurance companies page for published markets, Live agent: (540) 269-1301 for a workers' compensation quote.

Virginia workers' compensation insurance FAQs

Is workers' compensation insurance required in Virginia?

Yes for most employers who regularly employ more than two part-time or full-time employees in Virginia, per the Virginia Workers' Compensation Commission. Employers below that threshold may buy coverage voluntarily. Code of Virginia § 65.2-800 requires employers subject to the Act to insure payment of compensation as the title provides.

Do subcontractors' employees count toward the Virginia workers' compensation threshold?

Yes. VWC states that when a contractor or other business hires subcontractors to assist in their trade, business, or to complete a contract, the subcontractors' employees are included in the employee count. Coverage can be required even if each subcontractor already has its own workers' compensation policy.

Does Virginia offer a workers' compensation waiver form?

No. The Virginia Workers' Compensation Commission states that Virginia does not provide a waiver or exemption form for a sole proprietor or other business that is not required to carry coverage under the Act.

Is a Virginia 3C listing enough for out-of-state workers' compensation policies?

No. VWC states that most employers with out-of-state coverage can obtain proper Virginia coverage by adding Virginia to item 3A of the policy. Listing Virginia under item 3C alone is not sufficient. Virginia also does not have reciprocity with other states for work performed in Virginia.

What are the penalties for not carrying required workers' compensation in Virginia?

Under § 65.2-805, civil penalties can be not more than $250 per day of noncompliance, subject to a $50,000 maximum. Uninsured employers can also face employee civil suits with key defenses barred, cease-and-desist orders after notice, and — per VWC employer materials — possible criminal prosecution for continued failure.

How much does workers' compensation insurance cost in Virginia?

No freely verified statewide Virginia WC average premium was available for this page, so we do not publish an invented dollar figure. VWC explains premium is driven by classification code, payroll, and experience modifier. Epic Insurance Group shops 13 carriers — call (540) 269-1301 for a quote.

How do I get a Virginia workers' compensation quote from Epic Insurance Group?

Call (540) 269-1301 or request a quote online. Justin Miller is a licensed Virginia Property & Casualty producer at our Roanoke office (3800 Electric Road, Suite 205). Bring payroll by class code, loss history, and any certificate requirements so we can shop the markets we access.

Epic Insurance Group is a licensed independent insurance agency in Virginia. Coverage descriptions are general; the policy governs. Coverage is not bound or changed until confirmed by a licensed agent during normal business hours.

We are appointed with multiple carriers and are compensated by commission. We are paid the same regardless of which carrier you choose.

Sources

  1. Virginia Workers' Compensation Commission . “Employers.” Accessed August 21, 2026.
  2. Virginia Workers' Compensation Commission . “Workers' Compensation Information Sheet for Employers (PDF).” Accessed August 21, 2026.
  3. Virginia Workers' Compensation Commission . “Workers' Compensation Insurance Information for Employers.” Accessed August 21, 2026.
  4. Virginia Legislative Information System . “§ 65.2-800. Duty to insure payment of compensation; effect of insurance.” Accessed August 21, 2026.
  5. Virginia Legislative Information System . “§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and 65.2-804.” Accessed August 21, 2026.
  6. Virginia State Corporation Commission, Bureau of Insurance . “File a Complaint.” Accessed August 21, 2026.