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STATE REQUIREMENTS

When Virginia requires workers’ compensation

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In Virginia, workers' compensation is required once you have more than two employees (three or more). Contractors count the employees of their uninsured subcontractors, so a two-person contractor who hires a sub can cross the line. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Virginia rules with sources
TopicThe rule in VirginiaSource
Who must carry itAn employer with more than two employees regularly in service must carry workers' compensation; part-time, seasonal, family and temporary employees and corporate officers all count.Va. Code § 65.2-101, § 65.2-800, § 65.2-805; Virginia Workers' Compensation Commission — Insurance requirements
Who counts as an employeeContractors count the employees of their uninsured subcontractors, so a two-person contractor who hires a sub can cross the line.Virginia Workers' Compensation Commission — Insurance requirements
Owners, officers and LLC membersSole proprietors and partners are not employees unless they elect coverage; corporate officers and LLC members count toward the threshold but may exclude themselves by filing with the carrier.Va. Code § 65.2-101, § 65.2-800, § 65.2-805
If you go withoutUninsured employers face civil penalties, possible cease-and-desist orders, and liability for benefits plus attorney fees.Virginia Workers' Compensation Commission — Insurance requirements

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Virginia

An employer with more than two employees regularly in service must carry workers' compensation; part-time, seasonal, family and temporary employees and corporate officers all count.

Who counts as an employee

Contractors count the employees of their uninsured subcontractors, so a two-person contractor who hires a sub can cross the line. The label on the paycheck does not settle it: Virginia applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors and partners are not employees unless they elect coverage; corporate officers and LLC members count toward the threshold but may exclude themselves by filing with the carrier. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Uninsured employers face civil penalties, possible cease-and-desist orders, and liability for benefits plus attorney fees. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Virginia. When does the policy have to be in place?

Before the first shift if the threshold is met. Virginia requires coverage once you have more than two employees (three or more), and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Virginia?

The form you file does not decide it. Virginia applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Virginia?

Sole proprietors and partners are not employees unless they elect coverage; corporate officers and LLC members count toward the threshold but may exclude themselves by filing with the carrier. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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