---
title: "Virginia Workers' Comp Requirements for Employers | MCC"
description: "Virginia workers' comp: 3 or more employees, owners and officers, penalties and the required notice, in the agency's words."
url: "https://mcc-solutionsnj.com/bookkeeping/workers-comp-virginia"
---

Workers' comp · Virginia

# Virginia workers' compensation requirements

Which employers must carry coverage, how owners and contractors are treated, and what the agency's pages say about penalties, the workplace notice, self-insurance and checking a policy.

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**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](https://www.ewccv.com/cvs/)

Agency

Virginia Workers' Compensation Commission

## In the agency's words

**The rule**

Hiring in another state? [Employer registration in Virginia, done for you](/bookkeeping/out-of-state-employer-registration), or [a free bookkeeping health check](/bookkeeping/health-check).

"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](/bookkeeping/do-i-need-workers-comp-checker?state=va&employees=2&industry=other&biz=llc)
- **4 employees, construction, corporation:** Required. [See why](/bookkeeping/do-i-need-workers-comp-checker?state=va&employees=4&industry=construction&biz=corporation)
- **6 employees, most businesses (not construction), sole proprietor:** Required. [See why](/bookkeeping/do-i-need-workers-comp-checker?state=va&employees=6&industry=other&biz=sole)

Your own numbers: [open the checker for Virginia](/bookkeeping/do-i-need-workers-comp-checker?state=va).

## Official sources

- [Frequently Asked Insurance Questions for Employers (Virginia Workers' Compensation Commission)](https://workcomp.virginia.gov/sites/default/files/documents/Employer-FAQ.pdf) (checked November 2026)
- [Employer's Workplace Notice (Form 1) (Virginia Workers' Compensation Commission)](https://workcomp.virginia.gov/documents/employers-workplace-notice-form-1) (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](/bookkeeping/workers-comp-requirements-by-state) · [Texas](/bookkeeping/workers-comp-texas)

Keeping coverage records in Virginia?

## Workers' Comp and Business Insurance Records Kit

A state coverage checklist with Virginia's rule and official link, a certificate of insurance log for subcontractors, an injury report and claim log, and a workbook that flags policy renewals and expiring certificates, as Word files and PDFs.

[Get the kit ($15)](/toolkits/workers-comp-and-insurance-records-kit) [Free sample](/toolkits/workers-comp-and-insurance-records-kit#free-starter)14-day full refund

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## Want payroll and insurance records kept for you?

[See bookkeeping services](/bookkeeping/)[Call (908) 444-6373](tel:+19084446373)
