How Do I Know If My Employer Is Covered By Workers' Compensation?

Virginia employers with three or more full or part­time employees are subject to the Workers` Compensation Act. There are certain restrictions to this rule where some employees may be employers may be exempt. Almost everyone working for another under a contract of hire or in an apprenticeship is considered an employee.

Sole proprietors and partners are considered owners of businesses and are not covered by workers` compensation. However, sole proprietors and partners may elect to obtain coverage for workers` compensation liability by purchasing insurance.

Members of a limited liability company (LLC) are considered to be owners of a company and are not covered by workers` compensation unless specifically covered by an insurance policy or either elected or appointed as a manager. The manager of an LLC is treated as a corporate officer under the Act.

A corporation`s officers may choose to reject workers` compensation coverage for accidents, but not for occupational diseases. To do so, officers must file a Notice of Rejection with the insurer and with the Commission. If the officers are paid regularly, they are nevertheless counted as employees to determine jurisdiction under the Act.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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