Virginia Workers' Compensation Benefits
Virginia's workers' compensation system pays 66.67% of your average weekly wage, up to a state maximum of $1,393/week for temporary total disability. Use the calculators below to estimate your weekly benefit, your permanent disability award, and the lump-sum settlement value of your claim.
Virginia benefit snapshot
- Max weekly TTD
- $1,393
- Min weekly TTD
- -
- Wage replacement
- 66.67%
- Effective
- 2026
How Virginia workers' comp benefits are calculated
Virginia multiplies your average weekly wage (AWW) by 66.67% to determine your weekly wage-replacement benefit. The result is capped at the state maximum of $1,393 per week.
Your AWW typically reflects gross earnings over the 52 weeks before the injury, including overtime, bonuses, and (in many states) earnings from a second job. Permanent disability awards in Virginia are then calculated by multiplying this weekly rate by a scheduled number of weeks for the affected body part and your impairment percentage.
Weekly benefit examples in Virginia
| Average weekly wage | Weekly TTD (66.67%) | Annual | At state cap? |
|---|---|---|---|
| $600 | $400 | $20,801 | No |
| $900 | $600 | $31,202 | No |
| $1,200 | $800 | $41,602 | No |
| $1,800 | $1,200 | $62,403 | No |
| $2,500 | $1,393 | $72,436 | Yes |
What affects your Virginia settlement value
- Average weekly wage and resulting weekly TTD rate.
- Permanent impairment rating and the affected body part's scheduled weeks.
- Past and projected future medical costs (including any Medicare set-aside).
- Whether you have legal representation - represented claims settle ~30–40% higher.
- Whether the claim is disputed or has compensability issues.
- Pre-existing conditions or prior injuries to the same body part.
- Your ability to return to work in the same or modified capacity.
Virginia workers' compensation board and claim process
Workers' compensation in Virginia is administered by the Virginia Workers' Compensation Commission. The agency publishes the official claim forms, tracks claim status, and hears disputes when a carrier denies or underpays benefits.
| State agency | Virginia Workers' Compensation Commission |
|---|---|
| Notice to employer | 30 days |
| Deadline to file a claim | 2 years from the date of injury |
| Official website | https://workcomp.virginia.gov/ |
How to file a Virginia workers' comp claim
- Report the injury to your employer. Virginia requires notice within 30 days. Put it in writing and keep a dated copy.
- Get medical treatment. Tell the provider the injury happened at work so treatment is billed to the comp carrier, not your health insurance.
- Confirm the first report of injury was filed. Your employer must report the claim to its insurance carrier, which opens the claim file.
- Track your wage-replacement checks. Compare each check against the $800 you would receive on a $1,200 AWW at 66.67% to spot an understated average weekly wage.
- File a formal claim if benefits stall. If the carrier denies, delays, or underpays, file with the Virginia Workers' Compensation Commission within 2 years from the date of injury.
- Resolve permanent disability. After Maximum Medical Improvement you receive an impairment rating, which drives your PPD award or lump-sum settlement.
Deadlines above are general statutory guidelines for traumatic injuries. Occupational disease, repetitive trauma, and death claims can follow different timelines. Confirm your dates with the Virginia Workers' Compensation Commission or a Virginia workers' comp attorney.
Virginia workers' comp FAQ
Who administers workers' compensation claims in Virginia?+
Claims are administered by the Virginia Workers' Compensation Commission. Forms, claim status information, and dispute procedures are published at https://workcomp.virginia.gov/.
How do I file a workers' comp claim in Virginia?+
Report the injury to your employer (30 days in Virginia), get medical treatment and tell the provider it is work related, then confirm your employer filed the first report of injury with its carrier. If benefits are denied or delayed, file a formal claim with the Virginia Workers' Compensation Commission. The filing deadline is generally 2 years from the date of injury.
What is the deadline to file a workers' comp claim in Virginia?+
Virginia generally requires notice to your employer within 30 days, and a formal claim filed within 2 years from the date of injury. Occupational disease, repetitive trauma, and death claims can follow different deadlines, so confirm with the Virginia Workers' Compensation Commission.
What is the maximum weekly workers' comp benefit in Virginia?+
The current maximum TTD rate in Virginia is $1,393 per week.
How is the weekly workers' comp rate calculated in Virginia?+
Virginia pays 66.67% of your average weekly wage (AWW), capped at $1,393 per week.
What is the minimum workers' comp benefit in Virginia?+
Virginia does not set a fixed statutory minimum weekly TTD benefit.
How long can I receive TTD benefits in Virginia?+
TTD continues until you return to work, are released by your treating physician, or reach Maximum Medical Improvement (MMI). Virginia also caps the total number of TTD weeks under state statute.
Are workers' comp benefits taxable in Virginia?+
No. Workers' compensation benefits in Virginia are exempt from federal and state income tax.
Can I see my own doctor in Virginia?+
Treating-physician choice rules vary by state. In many states the employer or insurer chooses the initial physician; some states allow the worker to select their own. Check the Virginia workers' comp board for your specific rights.
What if my Virginia employer is underpaying me?+
Insurance carriers commonly miscalculate AWW by excluding overtime, bonuses, or secondary income. If your weekly check ($800 for an AWW of $1,200) appears low, request the carrier's AWW worksheet and consult a Virginia workers' comp attorney.
Get a Free Virginia Workers' Comp Claim Review
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Workers' comp calculators by state
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.