Workers' comp · VA
Virginia workers' comp calculator
In Virginia the unpaid first week comes back only after three full weeks of incapacity.
Rules read on official Virginia pages on · Checked by Radif Partners · How we calculate
- Benefit rate
- 66.67%
- Gross average weekly wage before taxes
- Weekly maximum
- $1,507.01
- from July 1, 2026
- Weekly minimum
- $376.75
- or the wage, if lower
- Waiting period
- 7 days
- paid back past 21 days
The Virginia Workers' Compensation Commission (VWC) applies Code section 65.2-500: weekly compensation for total incapacity equals 66 2/3% of the average weekly wage, between 25% and 100% of the average weekly wage of the Commonwealth. For injuries from July 1, 2026 through June 30, 2027, the Commission set the maximum at $1,507.01 and the minimum at $376.75; no benefit may exceed the worker's own average weekly wage. A worker earning $1,400 receives $933. No compensation is allowed for the first 7 calendar days; it starts on the eighth day, and the first week is paid only if the incapacity continues more than three weeks. Total compensation under the Act is limited to 500 weeks, except for permanent and total incapacity, which is paid for life. Cost-of-living supplements apply to long-term total incapacity awards each October 1.
Weekly temporary total disability benefit in Virginia
$733
$3,178 a month · 66.67% of the wage, tax-free
| 66.67% of $1,100 | $733 |
| Weekly maximum / minimum | $1,507.01 / $376.75 |
| Days paid / unpaid waiting days | 30 / 0 |
| Total for the time off | $3,143 |
Estimate of wage-loss benefits for a total disability, from the Virginia Workers' Compensation Commission (VWC) rates. Medical care is paid separately; partial disability, permanent impairment ratings and settlements follow other rules. How this is calculated.
The 22nd day
Section 65.2-509 has two thresholds, and the second is unusually far out. Benefits start on the eighth day of incapacity, but the first seven days are paid only once the incapacity has lasted more than three weeks. A shipyard pipefitter in Norfolk earning $1,400 who is out fifteen days receives $1,067, eight days of benefits. If he is out twenty-two days, the waiting week is restored and he receives $2,933. A worker who returns between those two dates never sees the first week paid.
A floor that gives way to the actual wage
The minimum is a quarter of the Commonwealth's average weekly wage: $376.75 a week, per the VWC rates page. It lifts a Richmond retail associate earning $480 to $377, far above two thirds of her pay. But section 65.2-500 also says income benefits shall not exceed the employee's average weekly wage, so a part-timer earning $300 receives exactly $300. At the top, a Fairfax consultant earning $3,000 stops at $1,507; the cap binds from about $2,260 a week.
500 weeks, with one exception
Section 65.2-518 limits the total compensation payable under the Act to 500 weeks, and to 500 times the Commonwealth's average weekly wage. Permanent and total incapacity, as defined in section 65.2-503(C), is the exception: under section 65.2-500(D), it is paid for the employee's lifetime without limit. Scheduled losses are paid separately at two thirds of the wage for a fixed number of weeks, from a thumb to a leg.
Cost-of-living supplements
Cost-of-living supplements are paid on total incapacity and death awards: the COLA rate effective October 1, 2026 is 2.65% (Va. Code § 65.2-709). Supplements are owed when combined workers' compensation and Social Security disability benefits fall below 80% of pre-injury monthly earnings, or when no Social Security disability is received. AmeriCorps members are excluded from total incapacity benefits altogether.
For settlements, see how much workers’ comp pays; for comp income in a support case, the Virginia child support calculator.
The Virginia rules this calculator applies
| Rule | Virginia |
|---|---|
| Temporary total disability rate | 66.67% of gross average weekly wage before taxes |
| Weekly maximum | $1,507.01 |
| Weekly minimum | $376.75 |
| Applies to | injuries from July 1, 2026 to June 30, 2027 (for July 1, 2025 - June 30, 2026: max $1463.10, min $365.78) |
| Waiting period | 7 days, paid back when the disability lasts more than 21 days |
| Limit on temporary total benefits | 500 weeks |
Rate. Weekly compensation equal to 66 2/3 percent of the employee's average weekly wages, with a minimum of not less than 25 percent and a maximum of not more than 100 percent of the average weekly wage of the Commonwealth; benefits may never exceed the employee's own average weekly wage (Va. Code § 65.2-500(A)). source
Waiting period. No compensation for the first seven calendar days of incapacity (medical benefits excepted); compensation starts on the eighth day, and if incapacity continues for more than three weeks it is allowed from the first day (Va. Code § 65.2-509). source
Duration. Total compensation under the Act may not exceed 500 weeks, nor 500 times the Commonwealth's average weekly wage for the applicable year, except for permanent and total incapacity and certain other cases (Va. Code § 65.2-518). source
Permanent disability. Permanent loss is paid at 66 2/3% of the average weekly wage for a scheduled number of weeks (e.g. thumb 60, index finger 35, hand 150, arm 200, foot 125, leg 175, eye 100, hearing of one ear 50), proportionally for partial loss of use (Va. Code § 65.2-503). source
Worth knowing in Virginia
- Cost-of-living supplements are paid on total incapacity and death awards: the COLA rate effective October 1, 2026 is 2.65% (Va. Code § 65.2-709). source
- Compensation for permanent and total incapacity under § 65.2-503(C) continues for the employee's lifetime without limit as to total amount (§ 65.2-500(D)). source
- Mileage for medical travel is reimbursed at $.76 per mile from July 1, 2026 (it follows the IRS standard mileage rate). source
- AmeriCorps members are not eligible for weekly compensation for total incapacity (§ 65.2-500(E)). source