When Does Workers Comp Start Paying Lost Wages in Virginia?

 

The Short Answer: Payment of Medical Bills Starts Immediately – Wage Benefits After 7 Days of Lost Time from Work

 

In Virginia, workers compensation starts paying at different times depending on the benefit:

 

• • Medical bills: Immediately upon your employer receiving notice of your work injury
• • Wage loss benefits: After a 7-calendar-day waiting period
• • Retroactive pay for the waiting period: If you miss more than 21 days of work.

 

In a best-case, accepted claim, your first workers comp check should arrive about 2–3 weeks after your injury – but as you’ll see below, many claims don’t follow the best-case timeline.

 

If your average weekly wage is $900, your TTD benefit is $600/week (66.67%). Miss 10 days? You get paid for 3 days. Miss 22 days? You get paid for all 22 – including the waiting period.

 

But here’s what most articles won’t tell you: These timelines assume your employer accepts your claim. If they deny it, dispute it, or drag out an “investigation,” you could wait weeks or months longer – or get nothing at all. See below for how your employer’s response changes everything.

 

I’ve handled hundreds of claims where injured workers waited weeks or months for a check that should have arrived in days. As a younger lawyer, I even represented the other side – insurance companies, TPAs, and self-insured employers and municipalities – so I know exactly why adjusters delay and how to force their hand. Below, I explain exactly when each benefit kicks in, why delays happen, and what you can do to get paid faster.

 

Not getting paid when you should be? Call me directly: 804-251-1620. I’ll review your claim and tell you exactly why you’re not getting paid – and what we can do about it.

 

 

Critical Disclaimer: When You Get Paid Depends on Your Employer’s Response

 

The timelines below assume your employer or its insurance carrier accepts your claim. In reality, when you receive your first workers comp check depends almost entirely on how your employer and their insurer respond to your injury report.

 

Here’s what actually happens (or should) under different scenarios:

 

If the Employer Accepts Your Claim

 

• • Medical bills: Paid immediately
  • Wage loss benefits: Start after the 7-day waiting period
  • First check: Typically within 1-2 weeks of acceptance
  • Timeline: This is the best-case scenario – and it’s what the rest of this page assumes

 

If the Employer Denies Your Claim

 

• • Medical bills: Not paid (you’re responsible, or your health insurance covers it). I recommend using your private insurance, Medicare, or Medicaid, if you have coverage through these programs.
  • Wage loss benefits: $0 until you win at a hearing or the carrier reverses its decision. If you have paid time off (PTO), you can use it.
  • First check: Could be months – or never, if you don’t fight it
  • Timeline: You’ll need to file a claim with the Virginia Workers Compensation Commission, request a hearing, and prove your case before a Deputy Commissioner

 

If Your Claim Is Partially Accepted

 

This happens more often than you’d think. In fact, this scenario exists in the majority of cases I handle. The carrier might:

 

• • Accept medical, deny wage loss: They’ll pay for your doctor visits but claim you can work – even if your doctor says otherwise – or force you to market your residual work capacity to recover wage loss payments.
  • Accept some injuries, deny others: They’ll cover your back injury but deny the knee injury that happened in the same accident
  • Accept the injury, dispute causation exists between the injury and disability: They’ll acknowledge you’re hurt but claim that your restrictions are due to a pre-existing condition, not the work accident. For example, the employer may accept that you suffered a lumbar sprain, but that your ongoing disability is related to degenerative disc disease, not the sprain.

 

In partial acceptance situations, you may receive some benefits while fighting for others. This is where having an attorney matters most – carriers often partially accept to limit their exposure while hoping you won’t challenge the denied portions.

 

If Your Claim Is “Under Investigation”

 

This is a common delay tactic. The carrier isn’t required to accept or deny immediately – they can “investigate” for weeks or months, generally up to the date and time of the evidentiary hearing. During this time:

 

• • Medical bills: May be paid voluntarily (doesn’t mean acceptance)
  • Wage loss benefits: Typically $0 until they make a decision; however, some of my clients receive voluntary temporary total disability (TTD) payments.
  • First check: Unknown – could be 2 weeks, could be 2 months, could be after you win at hearing
  • Your move: File a claim immediately to force a hearing date and create a deadline

 

The bottom line: The waiting periods and payment timelines in this article apply when your claim is accepted. If your employer disputes, denies, or drags out your claim, you may wait far longer – unless you take action.

 

When Does Workers Comp Start Paying Medical Bills?

 

Your employer must pay all medical bills related to your workplace accident as soon as they have notice of your injury, so long as the treatment is reasonable, necessary, and with an authorized treating physician. This is true whether you:

 

• • Miss no time from work (a “medical-only” claim)
  • Never return to work because of permanent disability
  • Haven’t yet filed a formal claim with the Virginia Workers Compensation Commission

 

You don’t need an open claim or an Award Order to receive medical treatment at the employer’s expense. You need to have reported your work injury to your employer and given them reasonable time to provide a panel of physicians.

 

What to Do When You Seek Treatment

 

When you go to the emergency room or visit a doctor:

 

1. 1. Tell them you were hurt at work
   2. Tell them you have filed or plan to file a workers comp claim
   3. Ask them to bill your employer or its insurance carrier directly (you can get this information from your attorney, the claim adjuster assigned to your case, or your employer)

 

If you’re receiving unpaid medical bills or calls from debt collectors for a work injury, call me immediately. There are steps we can take to stop collection and protect your credit while waiting for the insurance carrier to pay.

 

Why Insurance Carriers Often Pay Initial Medical Bills – Even Before Accepting Your Claim

 

Here’s something I learned from my years representing insurance companies, then injured workers: carriers will often pay for your initial hospitalization, ER visit, and a few follow-up appointments – even if they plan to deny your claim later.

 

Why? Because Virginia law imposes no penalty for doing so. Voluntary payment of medical bills, even over several months, is not considered acceptance of your claim.

 

In my experience, insurance carriers and their third-party administrators like Sedgwick or Gallagher Bassett will pay for initial treatment. They start denying authorization only when:

 

• • Your injury appears severe and won’t heal quickly
  • Your treating physician recommends expensive diagnostic testing (MRIs, CT scans) or surgery (including lumbar fusion)
  • They find a basis to dispute your claim during the discovery phase.

 

If your case is later denied and you decide not to pursue it, you won’t be responsible for bills the carrier paid voluntarily.

 

When Do Workers Comp Wage Loss Benefits Start?

 

Virginia’s 7-Day Waiting Period Explained

 

Under Virginia Code § 65.2-509, you must wait seven calendar days after your injury before wage loss benefits begin. This applies to both:

 

• • Temporary total disability (TTD) benefits- when you can’t work at all
  • Temporary partial disability (TPD) benefits—when you’re working reduced hours or at lower pay

 

The waiting period applies even if the insurance carrier accepts your claim immediately.

 

The 21-Day Retroactive Rule

 

Virginia law includes a provision that helps workers with serious injuries who suffer extended periods of wage loss after an occupational injury or illness. If you miss more than 21 days of work, you get paid retroactively for the first seven days.

 

Here’s how it works in practice:

 

 

Wage Math: What This Looks Like in Real Dollars

 

Let me show you exactly what this means for your paycheck.

 

Example 1: You miss 10 days

 

• • Pre-injury average weekly wage: $900/week
  • TTD benefit rate: $600/week (66.67% of AWW)
  • Daily rate: $85.71
  • Days compensated: 3 (days 8, 9, 10)
  • Total payment: $257.14
  • You lose 7 days of wages permanently

 

Example 2: You miss 22 days

 

• • Same wage figures as above
  • Days compensated: All 22 (retroactive rule applies)
  • Total payment: $1,885.71
  • You’re made whole for the waiting period (at least as whole as you can get under the Workers Compensation Act)

 

Example 3: You miss 6 weeks (42 days)

 

• • Same wage figures
  • 6 weeks × $600 = $3,600 total
  • Includes full retroactive payment for days 1-7

 

What About the Gap Period? (Days 8-21 When You Don’t Get the Waiting Period Back)

 

If you’re out of work between 8 and 21 days, you permanently lose the first seven days of wages. This is an unfair cost that falls entirely on you.

 

What I tell my clients: If you fall into this gap, consider using:

 

• • Sick leave or PTO (your employer can’t force you to use it, but you may choose to)
  • Short-term disability coverage if you have it

 

These can bridge the gap the workers comp system leaves open.

 

How Often Should I Receive Workers Comp Checks?

 

Under the Workers Compensation Act, your employer should pay wage loss benefits on the same schedule they paid you when you were working:

 

• • Weekly pay → Weekly workers comp checks
  • Biweekly pay → Biweekly workers comp checks

 

I have yet to see a schedule less frequent than this.

 

What If My Check Is Late?

 

If your workers compensation check is more than 14 days late, your employer and its insurance carrier may owe you a 20% penalty on the late payment.

 

But here’s the catch: this penalty only applies if the Commission has entered an Award Order. Without an Award Order, the carrier has no legal obligation to pay on any schedule – or at all.

 

This is why I file claims immediately, even when the carrier is paying voluntarily. Those voluntary payments can stop any time. An Award Order gives you enforceable rights.

 

Real Cases: How Long It Actually Takes to Get Paid

 

Case 1: Disputed Compensability

 

An auto detailer near Roanoke injured his hip when he fell while trying to move out of the way of a quickly-shutting garage door.

 

The insurer conceded that my client suffered the injuries at work, that he required medical treatment, and that there was an extended period of total disability supported by the medical reports. But it disputed that the injury arose from a specific risk of employment, and refused to pay wage loss benefits.

 

We filed a claim with the Commission and went to a hearing. Although the deputy commissioner denied the case, the full Commission reversed that denial, leading to an award of benefits. The insurer then appealed the award all the way to the Court of Appeals of Virginia, where it lost.

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The lesson: You must develop the evidence in your case and be prepared to go to trial to get the wage loss payments you deserve. You can learn more about this case here.

 

Case 2: The Medical Records Delay

 

A nurse in Richmond injured her knee restraining a combative patient. The adjuster requested 10 years of prior medical records – which is their right.

 

The problem: the nurse had seen multiple providers over the years, and gathering those records took months. The insurer used that delay to avoid paying benefits.

 

We obtained the records ourselves, reviewed them for any pre-existing conditions, and had her treating orthopedist write a causation letter explaining that the work incident caused a new injury – not an aggravation of a prior problem. Claim accepted within three weeks of submitting our package.

 

The lesson: Don’t wait for the insurance carrier to gather your records. Get them yourself, review them with an attorney, and control the narrative so that workers comp starts paying sooner.

 

Why Is It Taking So Long for Workers Comp to Pay Me?

 

If you’ve gone more than three weeks without benefits after an accident, here’s what’s probably happening:

 

1. The Adjuster Requested Prior Medical Records

 

Insurance carriers can obtain and review medical records from the 10-year period before your work accident. They’re looking for:

 

• • Pre-existing conditions they can blame
  • Prior injuries to the same body part
  • Degenerative conditions like arthritis
  • Your description of the work accident (this is why it’s so important to tell your doctor where you were injured and how it happened)

 

What to do: Discuss any prior problems with an attorney. We can obtain these records ourselves, review them, and prepare a response before the carrier uses them against you. Your current treating physician can write a statement explaining how the work injury caused or worsened your current condition – even if you had prior issues.

 

2. You Don’t Have an Out-of-Work Slip

 

Most insurance carriers require documentation that a doctor has taken you out of work before they’ll start paying TTD benefits.

 

What to do: Get an out-of-work note at every doctor’s appointment. Make sure it specifies the dates you cannot work and any work restrictions

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3. You’re on Light Duty But Haven’t Provided Marketing Evidence

 

In Virginia, if you’re restricted to light duty work, you have an obligation to look for work within your restrictions. This is called “marketing.” If you don’t, the insurance carrier doesn’t have to pay benefits.

 

What to do: Document your job search. Keep a log of applications, interviews, and rejections. This is your “marketing evidence.”

 

4. You Haven’t Filed a Formal Claim

 

If you haven’t filed a claim for benefits with the Virginia Workers Compensation Commission, the Commission won’t pressure the insurance carrier to make a decision. The carrier gets 30 days from your filing to respond – and even then, they can claim they’re “still investigating.” I have not seen the Commission penalize an employer or insurer for failing to respond to a 30-Day Order within 30 days. Instead, the Commission will simply refer your claim to the hearing docket.

 

What to do: File a claim immediately. The sooner a hearing is scheduled, the sooner the carrier has to make a decision. I’ve watched carriers accept claims the week before a scheduled hearing after months of “investigation.”

 

5. Your Employer Questions Your Credibility

 

Claims adjusters interview your coworkers and supervisors after receiving notice of an accident. If there’s conflicting evidence – or if your employer simply wants to keep premiums down – the carrier may delay payment and force you to trial.

 

What to do: Document everything from day one. Report your injury in writing. Take photos. Get witness contact information. The more evidence you have, the harder it is for an employer to cast doubt.

 

6. Your Adjuster Is Overwhelmed

 

Claims adjusters at large TPAs handle hundreds of files. Your case may simply be sitting in a queue.

 

What to do: Call the adjuster’s supervisor. Or hire an attorney – my staff spends hours daily tracking down adjusters and getting answers about authorization and payment.

 

7. You Don’t Have an Award Order

 

This is the most important point on this page.

 

Virginia is an “Award Order” state. Without an Award Order from the Commission, your employer and its insurance carrier have no legal obligation to pay you benefits – ever. And because Virginia has no bad faith cause of action in workers comp, the carrier can drag its feet on valid claims indefinitely.

 

Voluntary payments can stop at any time. File a claim. Get a hearing date. Get an Award Order.

 

Not Getting Paid Workers Comp Yet? Here’s What I’ll Do

 

I’ve spent years handling workers compensation cases. I know exactly why adjusters delay: they’re hoping you’ll give up, use your own health insurance, return to work injured, or settle for less than you deserve. They can’t deny without a legitimate reason, but they can “investigate” until you run out of patience, or force you to meet your burden of proof at trial.

 

When you hire me, here’s what happens:

 

1. 1. I review your file immediately. I’ll tell you exactly why you’re not getting paid.
   2. We file a claim if you haven’t already – putting the carrier on a deadline.
   3. We contact the adjuster directly. They know my name. They know I’ll take the case to hearing.
   4. We gather the evidence they’re waiting for – medical records, witness statements, out-of-work slips – and submit it before they can use delay as an excuse.
   5. We do everything we can to get an Award Order that makes your benefits enforceable and gives you leverage during settlement talks.

 

I’ve helped injured workers across Virginia get what they’re owed – in Richmond, Newport News, Norfolk, Hampton, Virginia Beach, Chesapeake, and beyond.

 

Call now for a free consultation: 804-251-1620.

 

We’ll call you back within 24 hours. If you can’t work because of a job injury, you shouldn’t have to wait months for a check.

 

When Do Other Workers Comp Benefits Start?

 

Permanent Total Disability (PTD) Benefits

 

Permanent total disability benefits don’t start until:

 

1. 1. You’ve received 500 weeks of temporary disability benefits, AND
   2. You prove you’re unable to work in any capacity (not just your pre-injury job).

 

Typically this benefit is only available if you suffered a traumatic brain injury (TBI), paralysis, or a high percentage of permanent impairment to two or more extremities (arms or legs).

 

My recommendation: File your PTD claim when you’ve received 448 weeks of TTD. This gives you a full year to develop medical evidence and have a hearing before the 500-week period expires.

 

Permanent Partial Disability (PPD) Benefits

 

Permanent partial disability benefits compensate you for permanent impairment – loss of function in a body part or total loss if you had an amputation injury – even if you can still work.

 

PPD benefits don’t start until:

 

1. 1. You reach maximum medical improvement (MMI), AND
   2. You’re no longer receiving temporary disability benefits

 

For some injuries—a minor hand injury or ankle injury – this might be weeks or months. For serious injuries – herniated discs, spinal cord injuries, shoulder injuries requiring surgery – it might take years.

 

You can receive PPD benefits even without an amputation. Any injury that causes permanent loss of use – a knee injury that leaves you with limited range of motion, a neck injury that causes chronic pain, a back injury that limits lifting – can qualify.

 

Frequently Asked Questions

 

What if my employer denies my claim?

If your employer or their insurance carrier denies your claim, you won’t receive any wage loss benefits until you either (a) get them to reverse their decision or (b) win at a hearing before the Virginia Workers Compensation Commission. Medical bills may or may not be paid voluntarily during the dispute. This is why filing a claim and requesting a hearing date is critical – it creates a deadline that forces the carrier to make a decision.

 

Do I get paid for the first week I’m out of work?

Only if you miss more than 21 days. Virginia has a 7-day waiting period before wage benefits begin. If you’re out 21+ days, you get paid retroactively for the waiting period.

 

Why didn’t I receive a check right away?

Several possible reasons: the 7-day waiting period hasn’t passed, the carrier is “investigating,” you don’t have an out-of-work slip from your doctor, or there’s no Award Order requiring payment. See the “Why Is My Claim Taking So Long?” section above.

 

Is the waiting period counted in calendar days or work days?

Calendar days. If you’re injured on Monday, the waiting period runs Monday through Sunday. You’re eligible for benefits starting the following Monday (day 8).

 

Do medical benefits have a waiting period?

No. Your employer must pay for medical treatment as soon as they have notice of your injury. The waiting period only applies to wage loss benefits.

 

Can I get back pay if my claim was denied but later approved?

Yes. If you win at a hearing or the carrier later accepts your claim, you’re entitled to all benefits from the date of your injury (minus the 7-day waiting period, unless you qualify for retroactive payment).

 

How long does it take to get my first check after my claim is accepted?

If the carrier accepts voluntarily, you should receive a check within 1-2 weeks. If there’s an Award Order, Virginia law requires payment within 14 days or the carrier faces a 20% penalty.

 

What if my employer only partially accepts my claim?

Partial acceptance is common. The carrier might pay medical bills but deny wage loss benefits, or accept one injury but deny another from the same accident. You’ll receive benefits for the accepted portions while fighting for the rest. Don’t assume a partial acceptance is the final word—carriers often limit their initial acceptance hoping you won’t push back.

 

What if I can work but at a lower-paying job?

You may be entitled to temporary partial disability (TPD) benefits – two-thirds of the difference between your old wages and your new wages.

 

Get Your Virginia Workers Comp Benefits Faster

 

The workers compensation system is slow – even under the best circumstances. And some insurance carriers and defense attorneys look for any reason to delay, deny, or dispute your claim.

 

Don’t give up. That’s exactly what they’re hoping for. If you stop fighting, they save money. And you’re left dealing with a life-changing injury on your own.

 

I’ve spent my career fighting insurance companies- first as their attorney, now as yours. I know their tactics. I know how to beat them.

 

Call now for a free consultation: 804-251-1620.

 

I help injured workers throughout Virginia – Richmond, Newport News, Norfolk, Hampton, Virginia Beach, Chesapeake, Williamsburg, and across the Commonwealth. See why fellow attorneys turn to me for help negotiating top-dollar workers comp settlements.