Va. Code § 65.2-100
Short title
This title shall be known as the Virginia Workers' Compensation Act.
Code of Virginia Title 65.2 — Workers' Compensation
Virginia · statute · Va. Code tit. 65.2 · 162 active provisions
Va. Code § 65.2-101
Definitions
As used in this title: "Average weekly wage" means: 1. a. The earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury, divided by 52; but if the injured employee lost more than seven consecutive calen…
Va. Code § 65.2-101.1
Certified mail; subsequent mail or notices may be sent by regular mail
Whenever in this title the Commission is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Commission may be sent by regular mail.
Va. Code § 65.2-102
Coverage of firefighters and law-enforcement officers in off-duty capacity
A. Notwithstanding any other provision of law, a claim for workers' compensation benefits shall be deemed to be in the course of employment of any firefighter or law-enforcement officer who, in an off-duty capacity or outside an assigned shift or work location, undertakes any law-enforcement or rescue activity. Nothing…
Va. Code § 65.2-103
Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders
A claim for workers' compensation benefits shall be deemed to be in the course of employment with the Virginia National Guard or Virginia Defense Force for any member thereof who, reacting to an order to report received while he is outside an assigned shift or work location, undertakes in direct obedience to a lawful m…
Va. Code § 65.2-104
Coverage of first responders in off-duty capacity during state of emergency
A. Notwithstanding any other provision of law, if the Governor declares a state of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, or any local director of emergency management with the consent of the appropriate local governing body declares an emergency pursuant to § 44-146.16 ,…
Va. Code § 65.2-105
Presumption that certain injuries arose out of and in the course of employment
In any claim for compensation, where the employee (i) is physically or mentally unable to testify as confirmed by competent medical evidence, (ii) dies with there being no evidence that he ever regained consciousness after the accident, (iii) dies at the accident location or nearby, or (iv) is found dead where he is re…
Va. Code § 65.2-106
Criminal justice training academy trainees
A. Notwithstanding any other provision of law, any individual who receives training at a criminal justice training academy established pursuant to Article 5 (§ 15.2-1747 et seq.) of Chapter 17 of Title 15.2 shall not be deemed an employee of the criminal justice training academy. A criminal justice training academy sha…
Va. Code § 65.2-107
Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters
A. As used in this section: "Anxiety disorder" means a disorder that meets the diagnostic criteria for one or more of the anxiety disorders specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. "Depressive disorder" means a d…
Va. Code § 65.2-200
Industrial Commission continued as the Virginia Workers' Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office
A. The Industrial Commission of Virginia is continued and shall hereafter be known as the Virginia Workers' Compensation Commission. All powers and duties conferred and imposed upon the Industrial Commission by any other law are hereby conferred upon and vested in the Virginia Workers' Compensation Commission. B. The C…
Va. Code § 65.2-201
General duties and powers of the Commission
A. It shall be the duty of the Commission to administer this title and adjudicate issues and controversies relating thereto. In all matters within the jurisdiction of the Commission, it shall have the power of a court of record to administer oath, to compel the attendance of witnesses and the production of documents, t…
Va. Code § 65.2-202
Subpoena powers of the Commission; production of records and papers
A. The Commission or any member or deputy commissioner shall have authority to enforce the attendance of all parties in interest and of witnesses and the production and examination of books, papers and records and to punish for contempt or disobedience of its orders as is vested in courts and judges by § 18.2-456 , or…
Va. Code § 65.2-203
Powers and duties of deputy commissioners and bailiffs
A. Deputy commissioners shall have the power to subpoena witnesses, administer oaths, take testimony and hear the parties at issue and their representatives and witnesses, decide the issues in a summary manner, and make an award carrying out the decision. Deputies may exercise other powers and perform any duties of the…
Va. Code § 65.2-204
Administrative provisions: offices, meetings, travel, salary, and expenses
A. The Commission shall be provided with adequate offices in the Capitol or in some other suitable building in the Commonwealth, in which the records shall be kept and its official business transacted during regular business hours. The Commission shall also be provided with necessary office furniture, stationery, and o…
Va. Code § 65.2-205
Ombudsman program; confidentiality
A. The Commission may create an Ombudsman program and appoint an ombudsman to administer such program. The purpose of the Ombudsman program shall be to provide neutral educational information and assistance to persons who are not represented by an attorney, including those persons who have claims pending or docketed be…
Va. Code § 65.2-300
Presumption of acceptance of provisions of title; exemptions; notice and rejection
A. Every employer and employee, except as herein stated, shall be conclusively presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby. Except as otherwise pr…
Va. Code § 65.2-301
Victims of sexual assault
A. Any employee who, in the course of employment, is sexually assaulted, as defined in §§ 18.2-61 , 18.2-67.1 , 18.2-67.3 , or § 18.2-67.4 , and promptly reports the assault to the appropriate law-enforcement authority, where the nature of such employment substantially increases the risk of such assault, upon a proper…
Va. Code § 65.2-301.1
Public safety officers
In situations where weather constitutes a particular risk of a public safety officer's employment and where the public safety officer's injury arose out of and in the course of his employment, absent a misconduct defense asserted pursuant to § 65.2-306 , such injury shall be compensable under this title. As used in thi…
Va. Code § 65.2-301.2
Employee classification; disaster; personal protective equipment not considered
A. For the purposes of this section, the terms "communicable disease of public health threat," "disaster," and "state of emergency" have the same meaning as provided in § 44-146.16 . B. In any proceeding under the provisions of this title, a hiring party providing an individual with personal protective equipment in res…
Va. Code § 65.2-302
Statutory employer
A. When any person (referred to in this section as "owner") undertakes to perform or execute any work which is a part of his trade, business or occupation and contracts with any other person (referred to in this section as "subcontractor") for the execution or performance by or under such subcontractor of the whole or…
Va. Code § 65.2-303
Recovery from subcontractor; proceedings against owner or contractor
A. Nothing in §§ 65.2-302 and 65.2-304 shall be construed as preventing a worker from recovering compensation under this title from a subcontractor (as described in § 65.2-302 ) instead of from the principal contractor (as described in § 65.2-302 ) but he shall not collect from both. B. When compensation is claimed fro…
Va. Code § 65.2-304
Indemnity of principal from subcontractor
When the principal contractor is liable to pay compensation under § 65.2-302 or § 65.2-303 , he shall be entitled to indemnity from any person who would have been liable to pay compensation to the worker independently of such sections or from an intermediate contractor and shall have a cause of action therefor. A princ…
Va. Code § 65.2-305
Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer
A. Those employers not subject to this title may, by complying with the provisions of this title and the applicable rules of the Commission, voluntarily elect to be bound by it as to accidents or occupational diseases or both. B. Every employer taking out a workers' compensation insurance policy, or qualifying as a sel…
Va. Code § 65.2-306
When compensation not allowed for injury or death; burden of proof
A. No compensation shall be awarded to the employee or his dependents for an injury or death caused by: 1. The employee's willful misconduct or intentional self-inflicted injury; 2. The employee's attempt to injure another; 3. The employee's intoxication; 4. The employee's willful failure or refusal to use a safety app…
Va. Code § 65.2-307
Employee's rights under Act exclude all others; exception
A. The rights and remedies herein granted to an employee when his employer and he have accepted the provisions of this title respectively to pay and accept compensation on account of injury or death by accident shall exclude all other rights and remedies of such employee, his personal representative, parents, dependent…
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