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Workers’ Compensation Insurance in Virginia

Virginia generally requires coverage when an employer regularly has more than two employees, counting part-time workers and the employees of qualifying subcontractors. Virginia also requires coverage for work performed in the state, including temporary work; an out-of-state policy usually needs Virginia listed in Item 3A, because Item 3C alone is insufficient. 1,2

What Is Workers’ Compensation?

Workers’ compensation can pay medical care and part of an employee’s lost wages after a work-related injury or illness. If you have staff, check who is covered in each state; owners, contractors and some workers may be treated differently. Read the national Workers’ compensation guide.

Virginia Requirements

RequirementDetails
Regular employee thresholdMore than two employees regularly employed in Virginia; subcontractor employees performing the same trade, business or contract work count toward the total. 1,2

What to Watch for in Virginia

  • Subcontractors Count Toward Three

    The Commission says to add your own employees and subcontractors’ employees when they assist your trade or fulfill your contract; the total can trigger your coverage duty even if every subcontractor has a policy. Keep subcontractor coverage details for your audit and ask the broker how each crew affects your threshold and premium. 1

  • Virginia Work Needs Item 3A

    Virginia requires Virginia coverage for work performed in the state, even when the assignment is temporary, and it has no reciprocity with other states. If your policy is issued elsewhere, ask the carrier to add Virginia to Item 3A; the Commission says a Virginia listing in Item 3C is not enough. 1

  • Farm Labor Has a Separate Threshold

    The Code excludes farm and horticultural laborers unless the employer regularly has more than three full-time employees; it separately excludes employees of a business regularly employing fewer than three in the same business. If your operation mixes farm and nonfarm work, ask the broker to classify each crew and count before treating the general three-person rule as controlling. 2

  • Count Part-Time and Officers

    The Commission counts part-time, seasonal and temporary workers, as well as executive officers, toward the regular-employee threshold. The Code excludes some categories and defines when officers or managers count, so have the broker classify each person under the Act before relying on a headcount. 1,2

  • No Exemption Certificate

    Virginia does not issue a waiver form for a sole proprietor or another business that is below the statutory threshold. If a customer requests proof, provide the insurer’s documentation or a clear explanation of the facts instead of buying an unofficial waiver. 1

Who Regulates Insurance in Virginia

Virginia State Corporation Commission, Bureau of Insurance

The Virginia State Corporation Commission, Bureau of Insurance administers Virginia insurance laws, oversees insurers and insurance producers within its authority, and provides regulatory and consumer resources. You can use the department's complaint process to raise an insurance issue and its licensing resources to check insurance professionals. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 2.25% of premium plus up to 0.1% Bureau Special Fund assessment The NAIC's state chart lists a 2.25% of premium plus up to 0.1% Bureau Special Fund assessment charge for surplus-lines coverage for Virginia (the chart's state entries were reviewed in October 2025). Your broker may collect the applicable amount with the premium. Surplus-lines insurers are not licensed in the state and generally are outside state guaranty-association protection; ask your broker to explain the insurer's financial protections and any diligent-search requirement that applies to your placement. 6,7

Providers With Documented State Licenses

These providers publish a national listing for Workers’ compensation; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Virginia. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 10
  • ERGO NEXT InsuranceNext First Insurance Agency, Inc.Insurance producer · checked 2026-09-28ERGO NEXT’s current license table lists Next First Insurance Agency, Inc. in 50 jurisdictions, including Washington, DC; New York is excluded because its table rows name Next Insurance Services and AP Intego, not Next First. The table is company-reported; it does not establish product availability or provide state-regulator verification for each entry. 12
  • HiscoxHiscox Insurance Company Inc.Insurer · checked 2026-09-28Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. 11
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 13
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 14

Questions to Ask Before You Buy in Virginia

  1. How are my employees and each subcontractor’s employees counted toward Virginia’s three-employee threshold?
  2. Does my policy list Virginia in Item 3A for every temporary or recurring Virginia job?
  3. Which corporate officers or LLC managers count as employees, and has any rejection been filed and approved?
  4. What coverage proof should I give a project owner if Virginia does not issue exemption certificates?

Workers’ Compensation in Virginia: FAQ

How many employees trigger workers’ compensation in Virginia? 1,2

More than two employees regularly employed in Virginia generally triggers coverage. Count part-time employees and, when you hire subcontractors for your trade or contract, their employees too. 1,2

Does an out-of-state workers’ compensation policy cover temporary work in Virginia? 1

Not automatically. Virginia requires Virginia coverage for work performed there, even temporarily, and says the policy should list Virginia in Item 3A; Item 3C alone is insufficient. 1

Workers’ Compensation in Other States

Other Coverage in Virginia

Sources

  1. Employers. Virginia Workers’ Compensation Commission; Coverage Requirements; Across State Lines; No Waiver; Insuring. Accessed 2026-09-28.
  2. Code of Virginia § 65.2-101, Definitions. Virginia General Assembly; § 65.2-101(1)(h), (n) and (2)(g)–(h) (executive officers, single-member entities and farm/small-employer exceptions). Accessed 2026-09-28.
  3. Virginia State Corporation Commission, Bureau of Insurance. Virginia State Corporation Commission, Bureau of Insurance; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
  4. Insurance Department Directory. National Association of Insurance Commissioners; Virginia State Corporation Commission, Bureau of Insurance entry; official contact and website listing. Accessed 2026-09-28.
  5. Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; VA row; state surplus-lines premium-tax rate reviewed October 2025. Accessed 2026-09-28.
  6. Guaranty Associations & Funds. National Association of Insurance Commissioners; Coverage of claims from insolvencies of insurers licensed in a state; surplus-lines insurers are nonadmitted. Accessed 2026-09-28.
  7. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  8. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  9. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  10. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  11. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  12. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  13. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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