Virginia Workers' Compensation Settlement Calculator
Estimate Virginia workers' comp - Max/Min Weekly Compensation Rate, 500-Week Compensation Cap, Exclusive Remedy
Virginia workers' compensation claims are governed by Va. Code § 65.2-500 (Max/Min Weekly Compensation Rate): TTD = 66 2/3% of average weekly wage, capped at 100% of the Commonwealth's average weekly wage (max $1,507.01/wk for injuries July 1, 2026-June 30, 2027); floor = 25% of that figure ($376.75/wk). Of the 4 landmark Virginia workers' compensation awards documented on this page, the largest is $2.8M (Truck driver - tree fell on his vehicle in a 2013 accident; settled 2024 after the 500-week wage-loss cap was exhausted, reported as the 5th-largest workers' comp settlement in Virginia history; 2024).
🌸 VIRGINIA: Max/Min Weekly Rate | 500-Week Cap | Exclusive Remedy
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Virginia Workers' Compensation Law
Virginia workers' compensation benefits is governed by Va. Code § 65.2-500 (Max/Min Weekly Compensation Rate): TTD = 66 2/3% of average weekly wage, capped at 100% of the Commonwealth's average weekly wage (max $1,507.01/wk for injuries July 1, 2026-June 30, 2027); floor = 25% of that figure ($376.75/wk). The Commission recalculates the statewide average weekly wage annually from Virginia Employment Commission data, so this rate resets every July 1.
500-Week Compensation Cap (Va. Code § 65.2-518): total compensation payable under the Act cannot exceed 500 weeks, nor 500 times the Commonwealth's average weekly wage for the applicable year. Three carve-outs escape the cap: permanent and total incapacity under § 65.2-503(C) (lifetime benefits), certain permanent disability under § 65.2-504(A)(4), and death from coal workers' pneumoconiosis.
PPD - Scheduled-Member Weeks (Va. Code § 65.2-503): permanent loss (or loss of use) of a body part is paid at 66 2/3% of AWW for a fixed number of weeks - arm 200, leg 175, hand 150, foot 125, eye 100. Loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof is presumed permanent and total incapacity, paid for life rather than under this schedule.
Key Virginia Workers' Compensation Statutes
Virginia workers' compensation benefits operates under these critical legal rules:
Va. Code § 65.2-500
Max/Min Weekly Compensation RateStandard: TTD = 66 2/3% of average weekly wage, capped at 100% of the Commonwealth's average weekly wage (max $1,507.01/wk for injuries July 1, 2026-June 30, 2027); floor = 25% of that figure ($376.75/wk).
Scope: Applies to temporary total, temporary partial, and permanent total disability benefits. The Commission recalculates the statewide average weekly wage annually from Virginia Employment Commission data for the 12 months ending June 30; the new max/min take effect the following July 1. 2025's max was $1,507.01/wk, a roughly 3.0% increase to 2026's $1,507.01/wk.
Va. Code § 65.2-503
PPD - Scheduled-Member WeeksStandard: Permanent loss (or loss of use) of a body part is paid at 66 2/3% of AWW for a fixed number of weeks: arm 200, leg 175, hand 150, foot 125, eye (total vision loss) 100, one ear (total hearing loss) 50, thumb 60, index finger 35, great toe 30; severe disfigurement up to 60 weeks.
Scope: Partial loss/loss of use is prorated by percentage of impairment. Subsection (C) creates a presumption of permanent and total incapacity - paid for life under § 65.2-500, not this schedule - for loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof.
Va. Code § 65.2-518
500-Week Compensation CapStandard: Total compensation payable under the Act cannot exceed 500 weeks, nor exceed 500 times the Commonwealth's average weekly wage for the applicable year.
Scope: Unlike states with unlimited TTD/PTD duration, most Virginia awards - including large PPD settlements - are capped at 500 weeks of payments. Three carve-outs escape the cap: permanent and total incapacity under § 65.2-503(C) (lifetime benefits), certain permanent disability under § 65.2-504(A)(4), and death from coal workers' pneumoconiosis under § 65.2-513.
Va. Code § 65.2-509
Waiting PeriodStandard: No compensation for the first 7 calendar days of incapacity; benefits start on the 8th day.
Scope: If incapacity continues beyond 3 weeks (21 days), compensation becomes retroactive to day one. Medical benefits under § 65.2-603 remain payable from day one regardless of the wage-loss waiting period.
Va. Code § 65.2-307 / § 65.2-309
Exclusive RemedyStandard: Accepting the Act's benefits excludes all other rights and remedies against the employer for a workplace injury or death.
Scope: § 65.2-307's text contains no express carve-out for employer negligence or intentional conduct. Claims against non-employer third parties (equipment makers, other contractors) remain available - the employer/insurer holds a statutory subrogation lien on any third-party recovery under § 65.2-309. Under § 65.2-302, general contractors and owners can become the injured worker's 'statutory employer,' extending the exclusivity shield up the contracting chain.
Va. Code § 65.2-600 / § 65.2-601
Notice & Filing DeadlinesStandard: Written notice of accident to the employer within 30 days; claim must be filed with the Commission within 2 years of the accident (2 years from date of death for death claims) or it is forever barred.
Scope: Notice may be excused if the employee shows a reasonable excuse and no prejudice to the employer. The 2-year filing deadline is a strict jurisdictional bar - the Commission has no authority to extend it absent a recognized tolling doctrine.
Recovery Structure
Medical treatment (unlimited, employer-directed physician panel), wage-loss replacement at 66 2/3% of AWW subject to the state max/min, permanent partial disability via the scheduled-member system, a lifetime pension for statutorily presumed permanent total incapacity, vocational rehabilitation, and death/survivor benefits. No pain-and-suffering recovery under the Act (the trade-off for exclusive remedy).
Key Virginia Doctrines
Exclusive Remedy: Accepting the Act's benefits excludes all other rights and remedies against the employer; third-party claims against non-employer parties remain available, subject to the employer's/insurer's statutory subrogation lien (§ 65.2-309). Statutory Employer: Under § 65.2-302, general contractors and owners can become the injured worker's 'statutory employer' for a subcontractor's employee, extending exclusive-remedy protection up the contracting chain.
Damage Structure + Caps
Medical benefits (full, employer-directed), wage-loss replacement (66 2/3% of AWW, max $1,507.01/wk for 2026), permanent partial disability award (scheduled weeks), a 500-week aggregate cap on most awards (waived for presumed permanent total incapacity and coal workers' pneumoconiosis death), death benefits.
Virginia Workers' Compensation Verdicts + Settlements
Recent Virginia workers' compensation benefits outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $2.8M | 2024 | Truck driver - tree fell on his vehicle in a 2013 accident; settled 2024 after the 500-week wage-loss cap was exhausted, reported as the 5th-largest workers' comp settlement in Virginia history — Partial quadriplegia (spinal cord injury) |
| $2.4M | 2024 | HVAC technician, age 25, fell through a roof while working in an attic — Paraplegia (paralyzed from the waist down) |
| $1.4M | 2024 | Bedford County sheriff's deputy - suffered a stroke during a pepper-spray (OC) training exercise — Stroke with impaired brain function and left-side arm/leg mobility |
| $1.2M | 2024 | Agricultural chemical applicator - right arm traumatically amputated above the elbow when a coworker restarted an auger without warning — Above-elbow amputation, dominant arm |
Virginia Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Virginia for 2026?
For accidents occurring July 1, 2026 through June 30, 2027, Virginia's maximum weekly compensation is $1,507.01 (Va. Code § 65.2-500 - 100% of the Commonwealth's average weekly wage). The minimum is $376.75/wk (25% of the same figure). Your actual weekly benefit equals 66 2/3% of your average weekly wage, capped at these limits.
How long do I have to report my Virginia work injury?
Written notice to your employer is due within 30 days of the accident (Va. Code § 65.2-600) - no compensation is payable without it unless you can show a reasonable excuse and no prejudice to the employer. Separately, you must file a claim with the Virginia Workers' Compensation Commission within 2 years of the accident (Va. Code § 65.2-601) or the claim is forever barred - this deadline is strictly enforced.
Can I sue my employer in Virginia in addition to workers' comp?
Generally NO - workers' comp is the 'exclusive remedy' in Virginia (Va. Code § 65.2-307), meaning it's your only recourse against your employer for a workplace injury. This immunity can extend to general contractors and property owners deemed your 'statutory employer' (§ 65.2-302). Claims against non-employer third parties (equipment manufacturers, other contractors on a multi-employer site) remain available, though your employer/insurer holds a subrogation lien on any recovery.
Is there a limit on how many weeks of workers' comp I can receive in Virginia?
Yes - most awards are capped at 500 weeks total (Va. Code § 65.2-518), even for large permanent partial disability settlements. The cap does NOT apply if you're found permanently and totally incapacitated - defined by statute as loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof, or by vocational/medical proof of total inability to work (§ 65.2-503(C)) - in which case benefits continue for life.
Should I accept the first settlement offer in my Virginia workers' comp claim?
Almost never without review. Initial offers often underestimate future medical needs and the value of permanent impairment, especially against the 500-week cap. Before accepting, get an independent medical evaluation and consult a workers' comp attorney - any settlement (Award or Compromise) must be approved by the Virginia Workers' Compensation Commission before it becomes final.
Pending Virginia Workers' Compensation Issues
Active legal developments (as of April 2026):
- Va. Code § 65.2-500 max/min rates shown ($1,507.01 / $376.75) are for accidents occurring July 1, 2026-June 30, 2027, per the Virginia Workers' Compensation Commission's published rate table; a new rate resets every July 1, so this figure changes again on July 1, 2027.
- The October 1 COLA (2.65% for 2026) adjusts ongoing permanent total disability and death-benefit awards already in pay status - it does NOT change the max/min rate applied to new claims filed during the year; some secondary sources conflate the two.
- Whether Virginia case law recognizes a narrow 'actual intent to injure' exception to the exclusive-remedy bar beyond the bare statutory text of § 65.2-307 has not been independently confirmed from primary-source text alone and is not asserted in this content.
- Landmark verdict figures are drawn from a single legal-publisher year-in-review compilation (Virginia Lawyers Weekly's 'Million-Dollar-Plus Settlements of 2024'); exact claimant/case names were not disclosed in that reporting, consistent with typical Commission settlement confidentiality.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-500
- law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-503
- law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-518
- law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-509
- law.lis.virginia.gov/vacode/title65.2/chapter3/section65.2-307
- law.lis.virginia.gov/vacode/title65.2/chapter3/section65.2-309
- law.lis.virginia.gov/vacode/title65.2/chapter6/section65.2-600
- law.lis.virginia.gov/vacode/title65.2/chapter6/section65.2-601
- www.workcomp.virginia.gov/documents/rates-min-max-benefits-cola-mileage
- valawyersweekly.com/2025/03/24/million-dollar-plus-settlements-of-2024
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview
All Workers' Compensation Calculators by State
Other Calculators for Virginia
Each Virginia calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Virginia verdict data where available.