Virginia employers with three or more full or parttime employees are subject to the Workers` Compensation Act. There are certain restrictions to this rule where some employees may be employers may be exempt. Almost everyone working for another under a contract of hire or in an apprenticeship is considered an employee.
Sole proprietors and partners are considered owners of businesses and are not covered by workers` compensation. However, sole proprietors and partners may elect to obtain coverage for workers` compensation liability by purchasing insurance.
Members of a limited liability company (LLC) are considered to be owners of a company and are not covered by workers` compensation unless specifically covered by an insurance policy or either elected or appointed as a manager. The manager of an LLC is treated as a corporate officer under the Act.
A corporation`s officers may choose to reject workers` compensation coverage for accidents, but not for occupational diseases. To do so, officers must file a Notice of Rejection with the insurer and with the Commission. If the officers are paid regularly, they are nevertheless counted as employees to determine jurisdiction under the Act.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified workers’ compensation lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local workers’ compensation attorney to discuss your specific legal situation.