If you’ve been injured at work in Virginia, you are probably wondering if you are eligible for workers’ compensation benefits. In general, if you work for an employer who has three or more employees, you are probably covered under the Virginia Workers’ Compensation Act. However, there are exceptions.
For some employees, it can be difficult to determine if they are in fact covered by workers’ compensation insurance. Below is a list that summarizes occupations that typically are and are not eligible for Virginia workers’ compensation benefits after a workplace accident or injury.
Virginia workers eligible for workers’ comp benefits
- Part-time employees
- Family members working for the employer
- Apprentices and trainees (if the training relates to the job)
- Officers & employees of the state of Virginia
- Local government employees in Virginia
- Volunteer police, rescue workers, and firefighters if they receive coverage through the locality where they work or if the volunteer unit provides workers’ comp insurance
- Virginia National Guard Members
- Virginia State Defense Force members
- U.S. Defense Corps of Virginia members
- Employees of an independent contractor or subcontractor, if the employees are doing the same sort of work as the individuals contracting for the work
- Sole proprietors
- Corporate officers
Virginia workers not eligible for workers’ comp benefits
- Independent contractors (if properly classified)
- Elected state or local officials
- Domestic workers
- Farm workers (if the employer has only one or two employees)
- Railroad workers (for common carriers engaged in interstate / foreign commerce)
- Casual workers
- Taxicab drivers and executive sedan drivers, if excluded from taxation because of the Federal Unemployment Act
- Employees, officers, and directors of non-profit corporations who do not receive compensation
- Employees of federal instrumentalities
If you were hurt on-the-job in Virginia and believe that you deserve workers’ compensation benefits – or if you are not sure whether you do or not – we can help. Please contact the experienced Virginia workers’ compensation attorneys at Dulaney, Lauer & Thomas today.
DULANEY, LAUER & THOMAS, LLP
Warrenton Office
98 Alexandria Pike, Suite 11
Warrenton, VA 20186
Toll Free: 888.907.2631
Local: 540.349.2631
Culpeper Office
209 N. West Street
Culpeper, VA 22701
Toll Free: 800.741.1012
Local: 540.825.6046
