Note (October 2026): This guide now includes Virginia’s current deadlines and benefit rates, and it corrects an earlier claim that workers without a lawyer must accept the insurer’s decision; the Virginia Workers’ Compensation Commission decides disputed claims whether or not a worker has a lawyer.
A workers’ compensation lawyer helps an injured employee file the claim on time, gather medical and wage evidence, challenge a denial or low benefit at a hearing, and make sure medical bills, mileage and wage-loss benefits are paid. In Virginia, the worker must give written notice within 30 days and file with the Commission within two years.
Key Takeaways
- Virginia requires workers’ compensation coverage from employers that regularly have more than two employees in the state, full-time or part-time, according to the Virginia Workers’ Compensation Commission (VWC).
- Written notice to the employer is due within 30 days of the accident, and a claim must be filed with the VWC within two years (Code of Virginia §§ 65.2-600 and 65.2-601).
- As of October 2026, the maximum weekly benefit is $1,507.01 and the minimum is $376.75 (rates effective July 1, 2026).
- A lawyer is not required. The VWC’s free Ombuds Department helps unrepresented workers, but the Commission does not give legal advice.
- Attorney fees in Virginia workers’ compensation cases must be approved by the Commission (§ 65.2-714).
Worker’s compensation laws were enacted to protect both the rights of the injured worker and the employer. Before worker’s compensation laws, the only recourse afforded to injured employees was to sue their employer. They often found themselves injured, out of work, and without income for medical care. An on the job injury was often devastating, even if the injury wasn’t catastrophic.
Under Virginia law, employers that regularly have more than two employees in Virginia, full-time or part-time, are required to provide worker’s compensation insurance. Employees who are injured on the job can contact a Richmond worker’s compensation lawyer if they want help protecting their rights, although hiring one is not required. While you can handle a workplace injury without an attorney, partnering with a Richmond worker’s compensation lawyer helps protect your rights and ensures you receive the compensation you are due.
Here’s how a lawyer can help with your worker’s compensation claim.
They help build your claim.
While worker’s compensation laws are meant to protect workers who are injured on the job, it is often still necessary to build a claim. A Richmond worker’s compensation lawyer has the resources to investigate and establish a link between your injuries and your job. They can also help establish the extent of your injuries which may be disputed by worker’s compensation insurance companies.
Under the Virginia Workers’ Compensation Act, an accepted claim pays wage-loss benefits, generally two-thirds of the worker’s average weekly wage within state limits, plus necessary medical treatment. Sometimes, lump sum settlement payments are also made depending on the circumstances. Without a worker’s compensation lawyer, an injured employee can still ask the Virginia Workers’ Compensation Commission to decide a dispute at a hearing, but many workers find it hard to judge on their own whether an insurer’s offer is fair.
They help you appeal denials.
Worker’s compensation insurance companies are in the business of profit. While the laws are on the books to protect injured workers and their employers, insurance companies need to make money too. Insurers deny or dispute some claims, for example over whether the injury happened at work or how serious it is. While you can appeal without representation, a Richmond worker’s compensation lawyer can prepare the evidence, witnesses and legal arguments for a hearing or review.
Worker’s compensation cases can be long and complex. Working with an attorney who specializes in these types of cases can help keep the process moving and may improve the result, although no lawyer can guarantee an outcome. Worker’s compensation attorneys are well versed on the laws of the state and the best way to apply them to your case to help improve the outcome.
They ensure all allowable expenses are covered.
Since a Richmond workers compensation lawyer knows the laws and how to apply them to your specific case, they will help ensure that all relevant expenses are covered. All medical care related to your on-the-job injury, medications, tests and even mileage to the doctor or pharmacy should all be included. Without the help of an attorney, many of these costs are easily discounted and could become the employee’s unreimbursed expense.
When to Contact a Richmond Worker’s Compensation Lawyer
If you have been injured on the job, report the injury to your employer in writing within 30 days and consider speaking with a worker’s compensation attorney. They will help protect your rights and prove your claim for benefits. They will also help ensure that all allowable medical costs are covered so they don’t become unreimbursed expenses. If you are due a lump sum settlement, your attorney will help negotiate a fair amount. And if your claim is denied, a worker’s compensation attorney can help you appeal. If you have been injured at work in the Richmond area, a Richmond worker’s compensation lawyer is one option for help with your claim.
Other claims work differently — maximising compensation in the Camp Lejeune lawsuit is one example.
What Does a Workers’ Compensation Lawyer Do?
A workers’ compensation lawyer represents an injured employee in a claim against the employer’s insurance carrier. In Virginia, the Virginia Workers’ Compensation Commission works as a court system for these claims: it holds hearings when there is a dispute, but it is not an advocate for injured workers and does not pay benefits itself. Insurance carriers pay the benefits.
Because the Commission does not give legal advice or represent workers, a lawyer fills that gap. Typical tasks include:
- Filing the Claim Form with the Commission before the two-year deadline.
- Collecting medical records and doctors’ opinions that link the injury to the job.
- Calculating the average weekly wage, which sets the weekly benefit.
- Requesting a hearing and presenting evidence when the insurer denies or stops benefits.
- Filing a request for review by the full Commission within 30 days of an unfavorable award.
- Negotiating or reviewing a settlement before the worker signs it.
Virginia Workers’ Compensation Deadlines
Missing a deadline is one of the most common ways to lose benefits. These are the main time limits in the Code of Virginia:
| Step | Deadline | Source |
|---|---|---|
| Written notice of the accident to the employer | Within 30 days of the accident (60 days from when an occupational disease is communicated), unless the Commission accepts a reasonable excuse | § 65.2-600; VWC guide |
| Claim filed with the Commission | Within two years of the accident | § 65.2-601 |
| Request for review of an award by the full Commission | Within 30 days of the award | § 65.2-705 |
The VWC stresses that filing the claim is the injured worker’s responsibility. An employer’s report of the injury to the Commission is not the same as filing a claim.
What Benefits Can a Virginia Workers’ Compensation Claim Pay?
The Virginia Workers’ Compensation Act provides several types of benefits, according to the Commission’s Introduction to Workers’ Compensation guide:
- Medical benefits: necessary medical care for as long as needed, including prescriptions and mileage to treatment. The employer offers a panel of at least three doctors, and the worker chooses one (§ 65.2-603).
- Temporary total disability: wage replacement while the worker cannot work, at 66 2/3 percent of the average weekly wage within state limits (§ 65.2-500).
- Temporary partial disability: partial wage replacement while the worker is on light duty.
- Permanent partial and permanent total disability: for lasting loss of use of body parts listed in § 65.2-503, or in limited cases where the worker is left permanently unable to work.
- Cost of living adjustment (COLA), vocational rehabilitation and death benefits in qualifying cases.
Current Virginia Benefit Rates
| Item | Rate as of October 2026 | Effective |
|---|---|---|
| Maximum weekly compensation | $1,507.01 | July 1, 2026 |
| Minimum weekly compensation | $376.75 | July 1, 2026 |
| Medical mileage reimbursement | $0.76 per mile | July 1, 2026 |
| Cost of living adjustment | 2.65% | October 1, 2026 |
Source: Virginia Workers’ Compensation Commission rates chart. The previous year’s maximum, effective July 1, 2025, was $1,463.10. The Commission updates these figures each year, so check its rates page for the period that applies to a given injury.
Waiting Period and Benefit Limits
Under § 65.2-509, no wage-loss benefits are paid for the first seven calendar days of incapacity; payment starts on the eighth day. If the incapacity lasts more than three weeks, benefits are paid back to the first day. Medical benefits are not subject to this waiting period. Under § 65.2-518, total compensation is generally capped at 500 weeks, with exceptions for permanent and total incapacity.
How Much Does a Workers’ Compensation Lawyer Cost in Virginia?
In Virginia, fees of attorneys in workers’ compensation cases are subject to the approval and award of the Commission, whether the lawyer works for the employee, the employer or the insurer (§ 65.2-714). The Commission has exclusive jurisdiction over fee disputes and can order repayment of a fee it finds excessive. Fee arrangements otherwise vary, so ask any lawyer to explain the fee in writing before signing.
Do You Need a Lawyer for a Workers’ Compensation Claim?
A lawyer is not required. Many straightforward claims, where the insurer accepts the injury and pays promptly, are handled without one. The VWC’s Ombuds Department is a free, confidential resource that explains the system to workers and employers who do not have a lawyer, and the Commission offers free, voluntary mediation through its Alternative Dispute Resolution service.
Legal help is more often worth considering when:
- The insurer denies the claim or disputes that the injury happened at work.
- Benefits are stopped or reduced while the worker still cannot work.
- The injury is serious or may cause permanent impairment.
- The insurer offers a lump-sum settlement that would close future medical benefits.
- The injury developed gradually or from repetitive trauma, which Virginia generally does not cover unless it qualifies as an occupational disease such as carpal tunnel syndrome or occupational hearing loss.
For a referral, the VWC points injured workers to the Virginia Lawyer Referral Service. For general advice on picking an attorney, see these four steps to choose a good lawyer.
Workers’ Compensation vs. a Personal Injury Lawsuit
Workers’ compensation is generally a no-fault system: the worker does not have to prove the employer was careless, but the benefits are set by statute and usually take the place of a lawsuit against the employer. A personal injury claim against a negligent third party, such as another driver, follows different rules. For that process, see this step-by-step guide to personal injury claims and these reasons to hire a personal injury attorney. Offshore and maritime workers may fall under separate rules, covered in this guide to offshore workers’ injury rights.
This article is general information about Virginia law as of October 2026, not legal advice. Rules differ in other states and can change.
Frequently Asked Questions
How long do I have to report a work injury in Virginia?
Virginia law requires written notice of the accident to the employer within 30 days, unless the Commission accepts a reasonable excuse for the delay. For an occupational disease, the VWC says to report it within 60 days of when the disease is communicated to the worker.
How long do I have to file a workers’ compensation claim in Virginia?
A claim must be filed with the Virginia Workers’ Compensation Commission within two years after the accident under Code of Virginia § 65.2-601. The VWC notes that there are exceptions, and that an employer’s injury report does not count as the worker’s claim.
How much does workers’ comp pay in Virginia?
Temporary total disability pays 66 2/3 percent of the worker’s average weekly wage. As of October 2026, the weekly benefit cannot exceed $1,507.01 or fall below $376.75, under rates effective July 1, 2026, and it cannot exceed the worker’s own average weekly wage.
Can I choose my own doctor for a Virginia workers’ comp injury?
Generally the employer provides a panel of at least three physicians, and the injured worker chooses a doctor from that panel, under § 65.2-603. Disputes about medical care can be brought before the Commission.
Who approves a workers’ compensation lawyer’s fee in Virginia?
The Virginia Workers’ Compensation Commission. Under § 65.2-714, attorney fees in workers’ compensation cases are subject to the Commission’s approval, and the Commission can order repayment of a fee it decides is excessive.
