In Virginia, workers’ comp wage checks do not cover the first seven days you are out of work. Pay starts on the eighth day. If you are out more than three weeks, the insurance company must go back and pay those first seven days too (Va. Code § 65.2-509). Medical treatment is different: it is covered from the first day.
When the first check actually arrives depends on whether the insurance company accepts your claim. Here is how the timing works, what the checks pay, and what to do if they are late or never come.
Virginia’s 7-Day Waiting Period, Day by Day
- Days 1 to 7 out of work: no wage checks. Your medical treatment is still covered.
- Day 8 on: wage checks start.
- Out more than three weeks: wage checks are paid back to day 1.
The count is calendar days you are unable to work because of the injury, not just workdays (Va. Code § 65.2-509).
How Much Do the Checks Pay?
If a doctor says you cannot return to work at all for a temporary period because of your injuries, you may receive two-thirds of the pre-injury average weekly wage you received during the year immediately prior to your accident, up to a maximum weekly compensation rate. The maximum is tied by law to Virginia’s average weekly wage and changes every July 1, so the one that applies to you depends on your date of injury. For injuries on or after July 1, 2026, the maximum is $1,507.01 a week and the minimum is $376.75 (Commission rates; Va. Code § 65.2-500). Here’s how Virginia workers’ comp benefits are calculated.
You may receive benefits to help offset loss of income when your doctor only allows you to return to work with restrictions (often called “light duty”) and you are earning less than you were before you got hurt. The amount paid in these situations is two-thirds of the difference between what you were earning before you got hurt, and what you are earning now that you are injured and working light duty.
What Has to Happen Before the First Check
- Tell your employer about the accident in writing. The Virginia Workers’ Compensation Act requires notice to your employer within thirty days of the accident, although exceptions exist.
- Your employer or its insurance company must report the injury to the Commission within 10 days after learning of it (Va. Code § 65.2-900).
- File a claim with the Commission, even if the insurance company accepts your injury and starts paying. A claim must be on file with the Virginia Workers’ Compensation Commission within two years of your date of accident, although exceptions apply. A filed claim protects that deadline if anything goes wrong later. Here’s how to file a workers’ comp claim.
- After you file, the Commission will order the insurance company to respond to your claim within 30 days. It may accept the claim or deny it.
- If the insurance company accepts your claim for lost wages, it sends you an Award Agreement. Once that is signed and the Commission enters an award, you are paid for the time you are unable to work because of the injury, starting on day 8.
Be careful what you say to the insurance adjuster, and do not assume they are looking out for you. Here’s what to know before giving a recorded statement.
What If a Check Is Late?
Virginia law adds a penalty when the insurance company is late. If a payment is not made within two weeks after it becomes due, the law adds 20 percent to the unpaid amount, unless the Commission finds the delay had good cause outside the employer’s control (Va. Code § 65.2-524).
If your checks have stopped or are slow, here’s what to do when the insurance company delays your benefits.
What If Your Claim Is Denied?
If the insurance company denies your claim, it will not pay wage checks unless the Commission orders it to or the claim is resolved another way. If you have received a denial of your workers’ comp claim, you have the right to dispute that decision and take your claim to a hearing before the Virginia Workers’ Compensation Commission. You can ask the Commission for a hearing no matter what the insurance company decides.
Here’s what happens if your workers’ comp claim is denied.
Checks Late, Stopped, or Never Started?
Late or missing checks usually mean a dispute is building: over whether the injury is covered, what your average weekly wage really was, or whether you can do light duty. Each of those turns on medical records, pay records, and deadlines that keep running while you wait. Pathfinder Injury Law handles only Virginia workers’ compensation claims. Call (804) 505-0633 or use the online contact form on this page.