Virginia state law mandates that employers must purchase workers' compensation insurance to cover employees in the event of an occupational injury. This arrangement is beneficial to both parties. Employers are protected from any legal action, and employees receive immediate but limited benefits.
When Workers' Compensation Coverage is Required
In Virginia, businesses with three or more full-time or part-time staff members are legally required to carry workers' compensation insurance. This obligation applies even if the company uses subcontractors and their employees for the same trade, job, profession, or contract. There is no way around this requirement; there are no waivers or exemptions.
Who is Classified as an Employee?
To accurately assess the number of workers at a business and determine if it requires coverage, it is essential to identify who is deemed an employee. The employee classification includes:
- Corporate officers and LLC managers that do not have a regular salary or job duties,
- Family members employed by the business,
- Temporary, seasonal, part-time employees,
- Those working for churches, charities, and nonprofits.
Is an Independent Contractor an Employee?
In determining whether a worker is an employee or an independent contractor, the law looks at how much control the employer has over the work. Factors taken into account include who sets the working hours, who can hire and fire the worker, and whether wages are paid for the job. If it is found that there is significant control from the employer, then it is likely that the worker is considered an employee. The designation of an independent contractor or payment on a 1099 does not matter in this case.
What to Do if You've Been Injured At Work
If you have been injured at your workplace, the first step is to seek medical attention. Notify your employer of the injury and keep detailed records of any doctor visits. Once you've notified your employer (which should be done within 30 days of the date of the accident or when the injury or illness was discovered), you have two years to file a claim with the Workers' Compensation Commission.
Workers' Compensation Attorney in Richmond, VA
If you have been injured on the job and would like to explore your legal options, contact a skilled workers' compensation attorney in Richmond, VA. The team of experienced attorneys at Reinhardt | Harper | Davis can provide you with the advice and representation that you need.
Contact us today for a free consultation by filling out our form online or calling us at (804) 294-2966.