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§ 65.2-100. Short title

This title shall be known as the Virginia Workers’ Compensation Act. Code 1950, § 65-1; 1968, c. 660, § 65.1-1; 1983, c. 239; 1991, c. 355.

§ 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 […]

§ 65.2-1202. Defense of claims against fund by Attorney General

Upon being notified by the Commission that a claim is pending before it against an employer who has not complied with the provisions of § 65.2-801, the Attorney General, or his designee, may, in his discretion, appear before the Commission and defend any claim against the Uninsured Employer’s Fund. A decision on the part of […]

§ 65.2-1203. Awards

A. 1. Whenever, following due investigation of a claim for compensation benefits, the Commission determines that (i) the employer of record has failed to comply with the provisions of § 65.2-801 or that a self-insured employer or its surety as required by § 65.2-801 is unable to satisfy an award in whole or in part, […]

§ 65.2-1204. Subrogation and recoupment

The Commission shall, upon payment of a claim from the Uninsured Employer’s Fund, be subrogated to any right to recover damages which the injured employee or his personal representative or any other person may have against his employer or any other party for such injury or death. The Commission shall, on behalf of the Uninsured […]

§ 65.2-1205. Notification of change in earnings; change in award

The burden shall be upon the claimant to immediately notify the Commission in writing of any increase or decrease in his earnings. After ten days’ notice to the claimant and the Attorney General, the Commission may, upon its own motion or upon the motion of any party in interest, modify or terminate an award as […]

§ 65.2-1201. Financing; tax

A. For the purpose of providing funds for compensation benefits awarded against any uninsured or self-insured employer under any provision of this chapter, a tax not to exceed one-half of one percent shall be assessed, collected and paid into the state treasury by the same persons and in the same manner as set forth in […]