Short answer. Employers with more than two part-time or full-time employees; a subcontractor's employees count toward the total.
At a glance
- Who must carry it
- Employers with more than two part-time or full-time employees; a subcontractor's employees count toward the total.
- Owners and officers
- A sole proprietor with no employees or subcontractors needn't carry it. A single-member LLC member isn't covered unless they elect it. Corporate officers and LLC managers are employees and are the only ones who can reject coverage.
- Independent contractors
- Calling a worker an independent contractor or paying on a 1099 doesn't decide employment status.
- Self-insurance
- Allowed with the commission's approval if minimum requirements are met.
- Going without
- A civil penalty of up to $250 for each day of noncompliance, to a maximum of $50,000 plus collection costs.
- Workplace notice
- Covered employers post the Employer's Workplace Notice (Form 1) at the place of business, or on their website if they have no physical location.
- Check a policy
- Use the commission's Insurance Coverage Search by business name or FEIN; it doesn't show self-insured employers. Open the lookup
- Agency
- Virginia Workers' Compensation Commission
In the agency's words
The rule
"more than two part-time or full-time employees"
Owners
"The only employees that can 'reject' coverage are executive officers and LLC managers."
Contractors
"Designating a worker as an 'Independent Contractor' or paying them on a 1099 does not define a worker's employment status."
Going without
"a civil penalty of not more than $250 per day for each day of noncompliance."
Notice
"Every employer covered by the Virginia Workers' Compensation Act must post the Workplace Notice"
Three example businesses
What the stated rule says for three common setups:
- 2 employees, most businesses (not construction), llc: Not required by the headcount rule. See why
- 4 employees, construction, corporation: Required. See why
- 6 employees, most businesses (not construction), sole proprietor: Required. See why
Your own numbers: open the checker for Virginia.
Official sources
- Frequently Asked Insurance Questions for Employers (Virginia Workers' Compensation Commission) (checked November 2026)
- Employer's Workplace Notice (Form 1) (Virginia Workers' Compensation Commission) (checked November 2026)
General information, not legal or insurance advice; we are not lawyers or insurance agents. Rules as published on the pages above, checked November 2026. We don't recommend or sell any insurer; the agency or a licensed agent can say how a rule applies to your business.
Common questions
Who has to carry workers' comp in Virginia?
Employers with more than two part-time or full-time employees; a subcontractor's employees count toward the total. The agency puts it as "more than two part-time or full-time employees."
Do owners and officers need coverage in Virginia?
A sole proprietor with no employees or subcontractors needn't carry it. A single-member LLC member isn't covered unless they elect it. Corporate officers and LLC managers are employees and are the only ones who can reject coverage.
What about independent contractors in Virginia?
Calling a worker an independent contractor or paying on a 1099 doesn't decide employment status.
What happens to a Virginia employer with no coverage?
A civil penalty of up to $250 for each day of noncompliance, to a maximum of $50,000 plus collection costs.
What notice must a Virginia employer post?
Covered employers post the Employer's Workplace Notice (Form 1) at the place of business, or on their website if they have no physical location.
Can an employer self-insure in Virginia?
Allowed with the commission's approval if minimum requirements are met.
All states: workers' comp requirements by state · Tennessee