7 Virginia Workers Comp Benefits (2026) | What You Can Claim

Complete 2026 Guide to All Seven Benefit Types Under Virginia Law

 

Last Updated: December 2025 | Reviewed for accuracy under current Virginia Workers Compensation Act

 

Written by Corey Pollard
Virginia Workers Compensation Attorney
15+ years representing injured workers throughout Virginia. Over $100 million recovered. Recognized by Super Lawyers and Best Lawyers in America.

The 7 Types of Virginia Workers Compensation Benefits

 

1. 1. Medical Benefits – All reasonable and necessary treatment (no co-pays, no caps)
   2. Temporary Total Disability (TT) – Weekly payments while completely unable to work
   3. Temporary Partial Disability (TPD) – Payments when working at reduced wages
   4. Permanent Partial Disability (PPD) – Compensation for lasting impairment to specific body parts
   5. Permanent Total Disability (PT) – Lifetime benefits for catastrophic injuries
   6. Vocational Rehabilitation – Job retraining and placement assistance
   7. Death Benefits – Financial support for dependents (plus $10,000 burial expenses)

 

Key Facts About Virginia Workers Comp Benefits

 

• • ✓ All disability payments are 100% tax-free under federal and Virginia law
  • ✓ Virginia has no monetary cap on medical benefits
  • ✓ Medical benefits continue as long as medically necessary and causally related
  • ✓ You can receive multiple benefit types simultaneously

 

Why Most Injured Workers Don’t Get Every Benefit They Deserve

 

Here’s something I’ve learned after 15 years of practice: most injured workers leave money on the table because they don’t know all the benefits they qualify for. The insurance adjuster handling your claim isn’t required to tell you about them – and in my experience, they rarely volunteer the information.

 

I represented a Richmond warehouse worker last year who’d been collecting temporary partial disability for eight months after a back injury. When he came to me, he had no idea he was also entitled to permanent partial disability benefits once he reached maximum medical improvement because the injury affected the use of his legs. That PPD award added over $35,000 to his recovery – benefits he would have forfeited if he’d settled his claim when the adjuster first suggested it.

 

This guide explains every benefit available under Virginia law so you can identify what applies to your situation. Use the comparison chart below to find the benefits relevant to your circumstances, then read the detailed guides linked throughout.

 

Quick Reference: Which Workers Compensation Benefit Applies to Your Situation?

 

 

How Virginia Workers Comp Benefits Work Together

 

One thing that confuses many injured workers: you’re often entitled to multiple benefit types at the same time or in sequence. Understanding this timeline can significantly increase your total recovery.

 

Typical benefit progression after a serious injury:

 

• • Immediately after injury: Medical benefits begin covering all treatment. If you miss work, temporary total disability payments start after a 7-day waiting period (which is paid retroactively if you’re out more than 21 days).

• • Return to light duty: If your employer offers modified work at reduced pay, you receive temporary partial disability (two-thirds of the wage difference) while continuing medical treatment.

• • Maximum medical improvement (MMI): When your doctor determines you’ve recovered as much as expected, you may receive permanent partial disability compensation if you have lasting permanent impairment – even if you’ve returned to full-time work.

• • Throughout the process: Medical benefits continue as long as treatment is reasonable, necessary, and causally related to your work injury. There’s no time limit on this.

Real example: An injured nurse I represented received $47,000 in temporary total disability over 14 months, then $28,000 in permanent partial disability for a 15% impairment to her shoulder, plus ongoing medical coverage for future surgeries – all from the same rotator cuff tear. Total recovery exceeded $180,000 when we included the settlement for future medicals and potential wage loss. 

 

1. Medical Benefits: Complete Coverage with No Cap

Under Va. Code § 65.2-603, your employer must provide “such medical attention as may be necessary” for your work injury. In practical terms, this means every reasonable medical expense gets covered: emergency room visits, surgery, physical therapy, prescription medications, durable medical equipment, and even home modifications when medically required.

 

Virginia places no dollar cap on medical benefits. I’ve represented clients with traumatic brain injuries and spinal cord damage whose lifetime medical costs exceeded two million dollars – all covered by workers compensation.

 

What “Reasonable and Necessary” Actually Means

Insurance adjusters love this phrase because it gives them wiggle room to deny treatment. Here’s what I tell my clients: “reasonable and necessary” means treatment that a qualified physician recommends to cure or relieve the effects of your work injury. The key is documentation. If your doctor prescribes it and documents why it’s needed, the burden shifts to the insurance company to prove it’s unreasonable.

 

The Panel of Physicians System

Virginia uses an employer-controlled panel system for initial treatment. Your employer must post a list of at least three physicians, and you generally must choose from this panel for your treating doctor. This is one of the biggest frustrations injured workers face – you don’t get to pick your own doctor initially.

 

However, there are important exceptions. If your employer failed to post a valid panel, you can treat with any physician. If you need specialist care not available on the panel, you can request a referral. And if the panel physician isn’t providing adequate care, you can file a claim with the Virginia Workers Compensation Commission seeking a change in treating physicians.

 

One of the easiest ways to persuade the Commission to grant a change in treating physician is to get a second opinion, then ask your authorized treating physician to refer you to the second opinion doctor. Often the insurer will accept the change in doctors without putting up a fight when you have this documentation. 

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→ Read the Complete Medical Benefits Guide

 

2. Temporary Total Disability: Wage Replacement While You Heal

 

Temporary total disability (TT) is the most common benefit injured workers who hire counsel receive. If your work injury prevents you from performing any job – not just your pre-injury position – you’re entitled to weekly payments equal to two-thirds of your pre-injury average weekly wage, subject to Virginia’s maximum compensation rate.

 

How TT Benefits Are Calculated

Virginia calculates your “average weekly wage” using the 52 weeks preceding your injury. This includes regular wages, overtime, bonuses, and the value of certain fringe benefits. The formula matters – a higher AWW means higher weekly benefits and a larger PPD award down the road.

 

For 2025, Virginia’s maximum compensation rate is $1,463.10 per week (effective July 1, 2025). This means if your average weekly wage was $2,500, you’d receive $1,463.10 (the max) rather than $1,667 (two-thirds of $2,500). The minimum rate is $365.78.

→ Learn how workers comp payments are calculated

 

The 7-Day Waiting Period

Under Va. Code § 65.2-509, you don’t receive TT benefits for the first seven days of disability. But here’s what adjusters don’t always mention: if your disability lasts more than 21 days, that waiting period gets paid retroactively. I see injured workers miss this all the time.

 

A Chesterfield manufacturing worker came to me after accepting an initial settlement that didn’t include the retroactive waiting period payment. We reopened negotiations and recovered an additional $2,800 he was owed.

→ Read the Complete Temporary Total Disability Guide

 

3. Temporary Partial Disability: When You Return at Reduced Wages

Many injured workers return to light-duty positions that pay less than their pre-injury jobs. Temporary partial disability (TPD) compensates for this wage gap. Under Va. Code § 65.2-502, you receive two-thirds of the difference between your pre-injury average weekly wage and your current earnings.

 

TPD Calculation Example

 

Say you earned $900 per week as a construction foreman before your knee injury. Your employer offers you a desk job reviewing permits at $600 per week. Your wage loss is $300. TPD would pay you $200 per week (two-thirds of $300) on top of your $600 salary – bringing your total weekly income to $800.

→ Read the Complete Temporary Partial Disability Guide

 

4. Permanent Partial Disability: Compensation for Lasting Impairment

 

Permanent partial disability (PPD) compensates you for the lasting loss of function to specific body parts – even if you’ve returned to work at full wages. This benefit is based on Virginia’s “schedule” of body parts, which assigns a maximum number of weeks of compensation to each body part, and a physician’s impairment rating.

How PPD Is Calculated

Your PPD award equals: (Impairment Rating %) × (Scheduled Weeks) × (Compensation Rate)

 

Example: A 12% impairment rating to the arm due to a rotator cuff tear at a $900 compensation rate equals: 12% × 200 weeks × $900 = $21,600

 

I recently represented an Ashland electrician who returned to full-time work after a shoulder injury. Despite earning his full salary, he received a $41,000 PPD award for a 22% impairment rating to his arm at the shoulder. Many workers don’t realize they’re entitled to this benefit.

→ Read the Complete Permanent Partial Disability Guide

 

5. Permanent Total Disability: Lifetime Benefits for Catastrophic Injuries

 

Permanent total disability (PT) provides lifetime weekly payments for workers who can never return to gainful employment due to catastrophic injuries. Under Va. Code § 65.2-503(C), certain injuries create a possibility of permanent total disability:

 

• Loss of both hands, both arms, both feet, both legs, or both eyes
• Loss of any two of the above in the same accident or as compensable consequences
• Paralysis rendering the worker permanently incapable of physical labor
• Severe traumatic brain injury resulting in permanent unemployability

 

6. Vocational Rehabilitation: Retraining When You Can’t Return to Your Job

 

When permanent restrictions prevent you from returning to your pre-injury occupation, Virginia workers compensation provides vocational rehabilitation services. This isn’t charity – it’s a legal right.

 

Vocational rehabilitation can include job placement assistance, resume development, interview coaching, on-the-job training programs, and even tuition for educational courses that lead to new employment. Throughout the rehabilitation process, your wage loss benefits continue, as long as you cooperate.

 

When Vocational Rehab Makes Sense

Vocational rehabilitation is most valuable for workers with transferable skills who can realistically transition to new careers. I’ve seen former construction workers become building inspectors, warehouse employees move into logistics coordination, and manufacturing workers transition to quality control positions—all with vocational rehabilitation support.

 

A Roanoke truck driver I represented couldn’t pass DOT medical certification after a back injury. Through vocational rehabilitation, he completed a logistics management certificate program and now works as a dispatch coordinator earning more than his pre-injury wage.

→ Read the Complete Vocational Rehabilitation Guide

 

7. Death Benefits: Support for Surviving Dependents

 

When a workplace injury or occupational disease proves fatal, Virginia workers compensation provides financial support to surviving dependents. Under Va. Code § 65.2-512, benefits are paid to those who were actually financially dependent on the deceased worker.

 

Who Qualifies as a Dependent

 

• • Surviving spouse: If dependent; receives benefits until remarriage or death
  • Children under 18: Presumed dependent; benefits continue until age 18 (or 23 if full-time student)
  • Other dependents: Parents, siblings, or others who prove actual financial dependency

 

Additional Death Benefits

Beyond weekly payments, Virginia provides up to $10,000 for burial expenses and up to $1,000 for transportation of the deceased worker’s body. These are in addition to – not instead of – the weekly death benefits.

→ Read the Complete Death Benefits Guide

 

Additional Benefits You Should Know About

 

Cost of Living Adjustments (COLA)

Virginia adjusts workers comp benefits annually to account for inflation. COLA increases apply to ongoing disability payments and can add thousands of dollars to long-term claims. The adjustment is based on changes in Virginia’s average weekly wage.

 

Mileage Reimbursement

Your employer must reimburse travel expenses for medical appointments, vocational rehabilitation meetings, and job interviews. This includes mileage at the federal rate (currently $0.70 per mile for 2025), parking fees, and tolls. If you can’t drive yourself, they must provide transportation or reimburse Uber/Lyft costs.

 

Lump Sum Settlements

Many Virginia workers comp cases eventually resolve through negotiated lump sum settlements. A settlement provides immediate payment and closure, but you must understand your case’s full value before agreeing. Once you settle, you typically give up all future rights to benefits.

 

Settlement Warning: Insurance companies frequently make lowball settlement offers hoping injured workers will accept out of desperation or ignorance. I’ve seen adjusters offer $15,000 for claims worth $80,000. Never settle without understanding every benefit you’re entitled to receive.

 

Received a settlement offer? Before you sign anything, get a free second opinion. I’ll tell you what your case is actually worth.

 

Frequently Asked Questions About Virginia Workers Comp Benefits

 

What types of workers compensation benefits are available in Virginia?

Virginia provides seven main categories of benefits: medical treatment coverage with no monetary cap, four types of disability wage replacement (temporary total, temporary partial, permanent partial, and permanent total), vocational rehabilitation services, and death benefits for surviving dependents. All disability payments are 100% tax-free under both federal and Virginia law. The specific benefits you qualify for depend on the nature of your injury, your work status, and whether you have permanent impairment.

 

How much will I receive in workers comp benefits?

Disability benefits are calculated at two-thirds (66.67%) of your pre-injury average weekly wage, subject to Virginia’s maximum and minimum rates. For injuries occurring after July 1, 2025, the maximum weekly benefit is $1,463.10 and the minimum is $365.78. Your average weekly wage includes regular wages, overtime, bonuses, and certain fringe benefits from the 52 weeks before your injury. A higher average weekly wage means higher weekly payments and larger permanent disability awards.

→ Use our guide to calculate your benefits

 

How long do workers comp benefits last in Virginia?

It depends on the benefit type. Medical benefits continue as long as treatment is reasonable, necessary, and related to your work injury – with no time limit. Temporary total disability continues until you return to work or reach maximum medical improvement, up to 500 weeks. Temporary partial disability similarly has a 500-week cap. Permanent partial disability is paid over a period determined by the body part schedule. Permanent total disability and certain death benefits continue for life. But you cannot receive more than 500 weeks of TT, TP, and PPD cumulatively.

→ Learn more about benefit duration limits

 

Do I need a lawyer to get workers compensation benefits?

You’re not legally required to have an attorney, but the data and anecdotes strongly suggest representation leads to better outcomes. Insurance companies have experienced adjusters and lawyers protecting their interests – you should have someone protecting yours. This is especially true if your claim has been denied, you have serious or permanent injuries, you’ve received a settlement offer, or you have a hearing scheduled before the Virginia Workers Compensation Commission in Richmond, Roanoke, Bristol, Harrisonburg, or Hampton Roads.

 

Our firm handles workers comp cases on contingency, meaning you pay nothing unless we recover benefits for you. Attorney fees in Virginia workers comp cases are capped at 20% of the recovery.

 

Can I receive workers comp and Social Security disability at the same time?

Yes, but there’s a catch. Federal law limits your combined workers comp and SSDI benefits to 80% of your pre-injury average weekly wage. If your combined benefits exceed this threshold, your SSDI payment is reduced. This “offset” can be structured in different ways, and proper planning can minimize its impact on your total benefits.

→ Learn about Social Security Disability

 

What if my workers comp claim is denied?

A denial isn’t the end of your claim. You have the right to request a hearing before the Virginia Workers Compensation Commission within two years of the denial (or the date benefits were last paid). At the hearing, a Deputy Commissioner will hear evidence and issue a decision. If you disagree with that decision, you can appeal to the Full Commission, and potentially to the Virginia Court of Appeals. Many denied claims are ultimately approved through the hearing process.

→ Understand the workers comp claim process

 

Get Every Benefit You’re Entitled To

 

Workers compensation is supposed to protect Virginia employees who get hurt on the job. But the system is complicated, insurance companies fight legitimate claims, and adjusters aren’t required to tell you about all the benefits you qualify for.

 

I’ve spent 15 years representing injured workers throughout Virginia – from Richmond and Henrico County to Hampton Roads, Northern Virginia, and everywhere in between. My firm has recovered over $100 million in settlements and benefits, and we’ve won countless hearings before the Virginia Workers Compensation Commission.

 

If you’re dealing with a work injury, I want to help you understand your rights and get every dollar you deserve.

 

Free Consultation – No Fee Unless We Win

 

Richmond: (804) 251-1620
Hampton Roads and Elsewhere: (757) 810-5614

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