Virginia Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Virginia workers' comp attorneys who handle claims before the Virginia Workers' Compensation Commission. From shipbuilding in Newport News (often LHWCA), to federal-contractor work in Northern Virginia, to coal mining in southwest Virginia, to construction and trades across Richmond, Norfolk, and the DC suburbs, we'll match you with the right attorney at no cost to get started.

Notice within 30 days under Va. Code § 65.2-600. The Claim for Benefits must be filed within 2 years of injury under § 65.2-601. Occupational disease has separate timing rules under § 65.2-406.

The employer provides a panel of three physicians under Va. Code § 65.2-603, from which the worker selects the treating physician. Going outside the panel without authorization typically means the bills aren't covered.

Virginia caps workers' comp attorney fees at 25% of recovery under Va. Code § 65.2-714, subject to Commission approval. Third-party tort claims run on standard 33%–40% contingency outside the comp system.

Generally no — exclusive remedy under Va. Code § 65.2-307. Narrow intentional-injury exception. Third-party claims against non-employers (equipment makers, contractors, negligent drivers) are not barred.

Newport News Shipbuilding and Hampton Roads harbor workers fall under federal LHWCA. Defense Base Act covers contractors on US military bases overseas — including many Northern Virginia–based contractors. Federal employees fall under FECA. Classification is critical because federal benefits substantially exceed state comp.

Virginia applies a stricter 'arising out of and in the course of employment' analysis under Va. Code § 65.2-101 than many states — particularly hostile to 'idiopathic' falls and unexplained accidents. The employer's defense often hinges on this analysis.

Medical treatment, TTD at 66 2/3% of AWW (capped), permanent partial disability under § 65.2-503 (scheduled benefits), permanent total disability under § 65.2-500(C), and death benefits — with a 500-week aggregate cap on most weekly compensation.

Why Do You Need a Workers' Compensation Attorney in Virginia?

Virginia's Workers' Compensation Act (Va. Code § 65.2-100 et seq.) is administered by the Virginia Workers' Compensation Commission. TTD pays 66 2/3% of AWW under Va. Code § 65.2-500. The employer provides a panel of three physicians from which the worker selects the treating physician under § 65.2-603. Attorney fees are capped at 25% of recovery under Va. Code § 65.2-714, subject to Commission approval. Virginia's 'positional risk' rule and its strict 'arising out of employment' analysis under § 65.2-101 create unique causation challenges — particularly for slip-and-fall and assault cases. Newport News Shipbuilding workers fall under federal LHWCA. Northern Virginia federal-contractor work often invokes the Defense Base Act (DBA, 42 U.S.C. § 1651) and FECA. Coal-mining in southwest Virginia includes pneumoconiosis claims. An experienced Virginia attorney secures the right classification, navigates the panel-of-three, and preserves third-party claims.

When Do You Need a Workers' Compensation Attorney in Virginia?

Our network includes Virginia workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Virginia

From the moment you connect with a Virginia workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Accepting state comp when LHWCA, DBA, or FECA applies

Missing the 30-day notice or 2-year filing deadline under §§ 65.2-600, 65.2-601

Going outside the panel of three under § 65.2-603

Failing to develop arising-out-of-employment proof for slip-and-fall claims

Settling before reaching MMI and addressing future medical needs

Missing a § 65.2-309 third-party claim against equipment makers, contractors, or at-fault drivers

Accepting state comp when LHWCA, DBA, or FECA applies

Missing the 30-day notice or 2-year filing deadline under §§ 65.2-600, 65.2-601

Going outside the panel of three under § 65.2-603

Failing to develop arising-out-of-employment proof for slip-and-fall claims

Settling before reaching MMI and addressing future medical needs

Missing a § 65.2-309 third-party claim against equipment makers, contractors, or at-fault drivers

Common Virginia Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Virginia Workers' Compensation Attorneys Cost?

25%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Virginia caps workers' comp attorney fees at 25% of recovery under Va. Code § 65.2-714, subject to Commission approval. LHWCA fees on Newport News Shipbuilding claims and DBA fees on federal-contractor claims may be employer-paid. Third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your Virginia Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under Va. Code § 65.2-603, including lifetime medical for the compensable injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under Va. Code § 65.2-500, capped at the state AWW, subject to the 500-week aggregate cap.

Permanent Partial Disability (PPD)

Scheduled benefits under Va. Code § 65.2-503 — statutory weeks for specific body parts multiplied by impairment percentage.

Permanent Total Disability (PTD)

Lifetime weekly benefits under § 65.2-500(C) when the worker can't return to gainful employment due to specific catastrophic injuries (loss of both eyes, both hands, both feet, etc.).

Death Benefits

Weekly benefits to surviving spouse and dependents under Va. Code § 65.2-512, plus burial expenses, subject to the 500-week cap.

Vocational Rehabilitation

Available under Va. Code § 65.2-603(B) for workers unable to return to their previous job.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Virginia Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Virginia?

When Do You Need a Workers' Compensation Attorney in Virginia?

Types of Workers' Compensation Cases in Virginia

Common Virginia Workers' Compensation Mistakes

How Much Do Virginia Workers' Compensation Attorneys Cost?

What Can Your Virginia Workers' Compensation Compensation Include?

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