Virginia Workers' Compensation Benefits: What You Can Receive (2026)

Quick Answer: Virginia workers' compensation provides several categories of benefits after a job-related injury or illness. These include full medical coverage with no dollar cap, wage replacement at 66 2/3% of your average weekly wage (up to $1,329 per week in 2026), permanent disability payments, death benefits for surviving dependents, vocational rehabilitation, and mileage reimbursement for medical travel.

Understanding exactly what you are entitled to — and how each benefit is calculated — is critical to protecting yourself after a workplace injury.

For a full overview of how the Virginia workers' compensation system works, see our Virginia workers' compensation guide. If you have not yet filed a claim, read our step-by-step guide on how to file a workers' comp claim in Virginia.

Overview of Virginia Workers' Compensation Benefits

Virginia's workers' compensation system is governed by the Virginia Workers' Compensation Act, codified at Virginia Code Title 65.2. It is a no-fault system, which means you do not need to prove your employer was careless to receive benefits. You only need to show that your injury or illness arose out of and in the course of your employment.

Benefits fall into six broad categories:

• Medical benefits: All reasonable and necessary treatment at no cost to you
• Temporary disability benefits: Wage replacement while you cannot work or are working reduced hours
• Permanent disability benefits: Compensation for lasting impairment to a body part or function
• Death and survivor benefits: Support for dependents after a fatal workplace accident
• Vocational rehabilitation: Job retraining or placement assistance if you cannot return to your former work
• Mileage reimbursement: Travel costs for medical appointments

Each type of benefit has its own rules, timelines, and calculation methods. The sections below explain all of them in detail.

Medical Benefits

Under Virginia Code § 65.2-603, your employer's workers' compensation insurer must pay for all reasonable and necessary medical treatment related to your work injury. There is no dollar cap on medical benefits under Virginia law.

What Medical Benefits Cover

Covered medical care includes:

• Emergency room visits and hospital stays
• Doctor and specialist appointments
• Surgery, including follow-up procedures
• Physical therapy and occupational therapy
• Chiropractic care (when authorized)
• Prescription medications
• Prosthetic devices, braces, and other medical equipment
• Home health care when medically necessary
• Mental health treatment tied to a physical workplace injury

Medical benefits continue for as long as your work-related condition requires treatment. There is no time limit tied solely to the passage of time, as long as the treatment remains medically necessary and causally connected to your work injury.

The Authorized Treating Physician Rule

One important rule: your employer or their insurer generally has the right to direct your initial medical care. You must treat with an authorized provider for your bills to be covered. Before seeking non-emergency treatment, always ask your employer which physicians are on their approved panel.

In a genuine emergency, go to the nearest emergency room immediately. Emergency care is always covered regardless of authorization.

If you need to change your treating physician, you can request a Change of Treating Physician through the Virginia Workers' Compensation Commission (VWC). Unauthorized provider switches can result in disputed or unpaid bills.

Wage Replacement Benefits: Temporary Disability

When a work injury prevents you from working — or limits the type of work you can do — Virginia law provides wage replacement benefits. There are two types for temporary situations.

Temporary Total Disability (TTD) Benefits

Temporary total disability (TTD) benefits apply when your work injury completely prevents you from working during your recovery. Under Virginia Code § 65.2-500, TTD pays 66 2/3% of your average weekly wage (AWW).

For injuries occurring in 2026, the VWC has set:

• Maximum weekly TTD benefit: $1,329
• Minimum weekly TTD benefit: $284

TTD benefits can continue for up to 500 weeks from the date of injury. This is roughly 9.6 years — a significant protection for workers with serious injuries. Benefits stop earlier if you return to work, reach maximum medical improvement, or receive a permanent disability award.

Example: If your average weekly wage was $800, your TTD benefit would be approximately $533 per week (66 2/3% of $800). If your AWW was $2,500, your benefit would be capped at the maximum of $1,329 per week.

Temporary Partial Disability (TPD) Benefits

Temporary partial disability (TPD) benefits apply when you can return to work, but only in a limited capacity — for example, on light duty or for fewer hours than before — and you earn less than your pre-injury wage as a result.

Under Virginia Code § 65.2-502, TPD pays 66 2/3% of the difference between your pre-injury average weekly wage and your current earning capacity.

Example: If your pre-injury AWW was $900 and you now earn $500 per week in a light-duty role, the difference is $400. Your TPD benefit would be approximately $267 per week (66 2/3% of $400).

TPD benefits are subject to the same maximum and minimum weekly rates as TTD, and they run for up to 500 weeks from the date of injury.

How Your Average Weekly Wage Is Calculated

Your average weekly wage (AWW) determines the size of every wage-replacement benefit you receive. Getting it right matters.

Virginia typically calculates AWW based on your earnings during the 52 weeks immediately before your injury. The calculation divides total gross wages by 52 to arrive at a weekly figure.

Special rules apply in certain situations:

• If you worked less than 52 weeks: The Commission uses the wages earned during the period you actually worked, adjusted appropriately
• If you had multiple jobs: Wages from all jobs you were working at the time of injury may be included
• If your pay was irregular: Commission staff calculate a fair representative weekly wage based on the earnings record
• Overtime and bonuses: These are typically included in the wage calculation if they were a regular part of your earnings

If you believe your insurer has incorrectly calculated your AWW — which directly lowers your benefit check — you have the right to contest that calculation through the VWC.

Permanent Disability Benefits

When your work injury causes lasting impairment — not just a temporary setback — you may be entitled to permanent disability benefits. Virginia law provides for both partial and total permanent disability.

Permanent Partial Disability (PPD) Benefits

Permanent partial disability (PPD) benefits compensate you for permanent impairment to a specific body part or function. Under Virginia Code § 65.2-503, the law assigns a maximum number of weeks of compensation to each body part. A physician determines your impairment rating — expressed as a percentage — and that percentage is applied to the maximum weeks for your specific body part.

Virginia's Schedule of Losses (§ 65.2-503):

How PPD Is Calculated:

Multiply your impairment rating by the maximum weeks for your body part. Then multiply that number by your weekly benefit rate.

Example: You suffered a 20% permanent impairment to your leg. The maximum for a leg is 175 weeks. 20% of 175 weeks = 35 weeks. At the TTD rate of $800 per week, your PPD award would be $28,000.

PPD benefits are paid weekly or as a lump-sum settlement. PPD does not require you to be unable to work — you can receive PPD awards even after you have returned to your job.

Permanent Total Disability (PTD) Benefits

Permanent total disability (PTD) benefits apply to the most catastrophic work injuries. Under Virginia Code § 65.2-503(C), PTD is specifically available for workers who have suffered the loss — or loss of use — of:

• Both hands
• Both feet
• Both eyes
• Any combination of two of the above (for example, one hand and one eye)

PTD provides wage benefits at the standard 66 2/3% rate for the remainder of the worker's life, rather than for a capped number of weeks. This is one of the most significant protections in the Virginia workers' compensation system for workers with catastrophic injuries.

Courts have interpreted "loss of use" broadly enough to include permanent functional loss even when the limb or organ remains physically attached.

Death and Survivor Benefits

When a work-related injury or illness causes an employee's death, the Virginia Workers' Compensation Act provides financial support to surviving dependents.

Under Virginia Code § 65.2-515, death benefits are paid at 66 2/3% of the employee's average weekly wage, subject to the same annual maximum weekly rates that apply to TTD benefits. These benefits continue for up to 500 weeks from the date of the employee's death.

Who Qualifies for Death Benefits?

The following individuals may be entitled to receive death benefits as dependents:

• A surviving spouse
• Children under age 18 (or up to age 23 if enrolled full-time in an accredited educational institution)
• Children of any age who are physically or mentally incapacitated and incapable of self-support
• Other family members who were wholly or partially financially dependent on the deceased worker at the time of death

The distribution of benefits among multiple dependents is determined by the VWC based on the degree of dependency.

Funeral Expense Coverage

In addition to weekly death benefits, Virginia Code § 65.2-515 provides reimbursement for reasonable funeral and burial expenses up to $10,000. This amount is separate from the weekly benefit payments and is paid directly to cover end-of-life costs.

What Happens When Death Benefits End?

If death benefits expire before a dependent child reaches adulthood or becomes self-sufficient, or if a surviving spouse remarries, specific rules govern what happens next. A surviving spouse who remarries may receive a lump-sum payment equal to two years of the weekly benefit amount upon remarriage.

Vocational Rehabilitation Benefits

If a work injury permanently prevents you from returning to your former job, Virginia workers' compensation may entitle you to vocational rehabilitation services.

Under Virginia Code § 65.2-603, your employer's insurer may be required to provide or fund vocational rehabilitation when your physical condition makes returning to your pre-injury position impossible. Vocational rehabilitation can include:

• Job counseling and placement assistance: Help identifying work within your physical limitations
• Retraining programs: Funding for courses, certifications, or degree programs that prepare you for a new field
• Job search assistance: Resume writing, interview coaching, and placement support
• Assistive technology: Tools and equipment that help you perform modified work

Vocational rehabilitation is not automatic. It typically becomes relevant after you reach maximum medical improvement (MMI) and your treating physician has placed permanent restrictions on the type of work you can perform.

If your employer's insurer disputes the need for vocational rehabilitation, you can request that the VWC order it. An attorney can be particularly helpful in these disputes because the stakes — returning to comparable earning capacity — are significant.

Mileage Reimbursement

Travel to and from medical appointments adds up quickly, especially for workers managing ongoing treatment after a serious injury. Virginia workers' compensation covers this cost.

Under Virginia Code § 65.2-603, injured workers are entitled to reimbursement for the mileage driven to attend authorized medical appointments related to their workers' compensation claim. The VWC uses the IRS standard mileage rate as its basis for reimbursement. Verify the current rate with the VWC or at workcomp.virginia.gov, as this rate is updated periodically.

What Travel Qualifies for Reimbursement?

Covered travel includes mileage to and from:

• Authorized treating physician appointments
• Specialist visits approved by the insurer or the VWC
• Physical therapy and occupational therapy sessions
• Pharmacy visits for prescription pickup (when reasonable)
• Independent medical examinations required by the insurer

Travel costs for unauthorized medical visits are generally not reimbursable.

How to Document and Claim Mileage

To receive reimbursement, keep a written log of every trip. Record:

• The date of the appointment
• The purpose of the visit (doctor, therapy, etc.)
• The starting address and destination address
• Total miles driven

Submit your mileage log to the insurer periodically. If the insurer refuses to reimburse legitimate mileage, you can file a claim for the unpaid amount with the VWC.

How Long Do Workers' Compensation Benefits Last in Virginia?

The duration of each benefit type depends on the nature of your injury and the type of benefit involved.

Benefits may end earlier than the maximum if you return to work at full capacity, reach maximum medical improvement, fail to attend authorized medical appointments, or voluntarily refuse suitable employment.

What Can Reduce or End Your Benefits?

Several events can cause your workers' compensation benefits to decrease or stop entirely.

• Return to work: If you return to your pre-injury job at full duty and full pay, TTD and TPD benefits end
• Suitable employment offer: If your employer offers you light-duty work within your physical restrictions at comparable pay and you refuse it without good cause, the insurer can seek to suspend your benefits
• Failure to attend medical appointments: Skipping authorized treatment can give the insurer grounds to dispute ongoing medical necessity
• Maximum medical improvement (MMI): Once your doctor certifies that your condition has stabilized, TTD typically ends, though medical benefits may continue and PPD benefits may begin
• Settlement agreement: A Compromise and Release agreement — a lump-sum settlement — permanently resolves your claim and ends all future benefits

Before accepting any settlement offer, carefully consider whether it covers your anticipated future medical costs and lost earning capacity. The VWC must approve all settlements, but approval does not mean the amount is fair for your specific situation.

What If Your Employer Retaliates for Claiming Benefits?

Filing a workers' compensation claim is a protected right in Virginia. It is illegal for your employer to fire you, cut your hours, demote you, or otherwise punish you for exercising your rights under the Workers' Compensation Act.

If you believe your employer has retaliated against you for pursuing benefits, you may have a separate legal claim under Virginia's retaliation protections. For a full explanation of what constitutes illegal retaliation and how to respond, see our guide on Virginia workplace retaliation.

Frequently Asked Questions

What is the maximum workers' comp weekly payment in Virginia for 2026?

The maximum weekly workers' compensation benefit in Virginia for injuries occurring in 2026 is $1,329. This cap applies to temporary total disability, temporary partial disability, and death benefits. The minimum weekly benefit is $284. These amounts are adjusted annually by the VWC.

Can I receive both TTD and Social Security disability at the same time?

Possibly, but receiving both may result in an offset reduction in one or both benefits. Social Security may reduce your disability payment if you also receive workers' compensation. Virginia does not reduce workers' comp benefits because of Social Security payments, but federal law may reduce the Social Security amount. Consult a benefits attorney if you receive or are applying for both.

What if my employer disputes my impairment rating for a PPD award?

Your employer's insurer may send you to an independent medical examination (IME) to obtain a second opinion on your impairment rating. If the ratings conflict, the VWC will weigh the medical evidence. You have the right to challenge an IME doctor's conclusions and present your treating physician's findings at a hearing. Impairment rating disputes are one of the most common reasons workers need legal representation.

Are workers' compensation benefits taxable in Virginia?

Federal law generally exempts workers' compensation benefits from income tax. Virginia follows this rule. Your TTD, PPD, and medical benefits are not taxable income under normal circumstances. However, if you also receive Social Security disability and a workers' comp offset applies, part of your Social Security benefit may become taxable. A tax professional can advise you on your specific situation.

What happens if I can never work again but my injury does not qualify for PTD?

If your injury causes severe limitations but does not qualify as permanent total disability under Virginia Code § 65.2-503(C), you may still receive PPD for the affected body parts and extended TTD benefits. You may also be entitled to vocational rehabilitation to help you find suitable work within your restrictions. An employment attorney can help you pursue the maximum benefits available under your specific diagnosis and impairment ratings.

Related Virginia Employment Law Topics

• Virginia Workers' Compensation: Complete Guide -- Overview of how the entire system works, deadlines, and coverage rules
• How to File a Workers' Compensation Claim in Virginia -- Step-by-step instructions for protecting your right to benefits
• Virginia Workplace Retaliation -- What to do if your employer punishes you for filing a claim

Need help understanding which benefits you qualify for? Get a free, confidential case review from an employment law professional who knows Virginia workers' compensation law.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in Virginia. Employment Law Aid is not a law firm and does not provide legal representation.

Official Resources:

• Virginia Workers' Compensation Commission: workcomp.virginia.gov
• Virginia Code § 65.2 (Workers' Compensation Act): law.lis.virginia.gov