The Commissioners are appointed by the Virginia General Assembly and serve staggered six-year terms.
The Commission is headquartered in Richmond, Virginia, and has offices and hearing locations at various places around the state.
Additionally, the Commission is authorized to issue rules and regulations to help it carry out its statutory responsibilities.
The Workers' Compensation Act provides for the annual payment of a tax up to 3.25 percent of the basic manual insurance premium calculated by applying the manual premium rates effective on January 1 of the calendar year payroll reporting period.
[1] Modeled on Indiana's statute, The Act created the Industrial Commission of Virginia and operations began on January 1, 1919.
The Commission was statutorily directed by the General Assembly to administer the Uninsured Employer's Fund (UEF) effective July 1, 1977.
On December 13, 2017, the Commission began full operations in its new agency headquarters, the former Media General building, located at 333 East Franklin Street in downtown Richmond.
The Commission established regional offices in Lebanon (1980-2016), Bristol (2016-Present), Alexandria (1981-2004), Virginia Beach (1983–Present), Roanoke (1986–Present), Harrisonburg (1996–Present), Manassas (2004-Present), and Fairfax (2004–Present).
The ADR program does not affect benefits to which an employee, dependents, or survivors may be entitled under the provisions of the Act.
Employees who suffer on-the-job injuries and diseases may be eligible for workers' compensation benefits.
[5] Employees who suffer on-the-job injuries and diseases may be eligible for benefits under the Virginia Workers' Compensation Act.
Under section 65.2-900 of the Code of Virginia, all workplace accidents that occur in the course of employment must be reported to the Commission.
Section 65.2-603 [8] of the Code of Virginia requires that the employer provide the claimant with a panel of physicians from which to choose.
Based on the information in the application, and any other information that may be requested, the Commission assesses the applicant's financial status, the nature and hazard of the employment, the number of employees, the amount of payroll, the employer's claims experience (frequency, severity, and cost), the employer's ability to manage claims, and such other factors as may affect the viability of the applicant as an individual self-insurer for workers' compensation in Virginia.
The security may be in the form of a bond from a licensed surety company, certificate of deposit, United States government obligations, letter of credit or cash, in the minimum amount of $750,000.
If approved, the applicant is issued a Certificate of Self-Insurance which remains in full force and affect until voluntarily surrendered or revoked by the Commission.
[10] Virginia employers that are required to insure their workers' compensation liability may be eligible to participate in a group self-insurance association.
Pursuant to Section 65.2-803.1,[13] all professional employer organizations must register with this Commission prior to transacting business in Virginia, and provide regular reports subsequent to the initial registration.
PEO registration and reporting requirements are found in the Virginia Workers' Compensation Act and in the Commission's regulations.