People who are eligible for workers’ compensation include full-time employees, part-time employees, and seasonal employees who have suffered an injury, illness, or fatality while on the job. To receive coverage, the worker must be officially on the payroll of an employer who maintains current workers’ compensation insurance with a reputable insurance carrier. The injury must be related to the job and should be reported within 30 days of onset in the state of Virginia (or up to two years of awareness of a job-related illness).
While contractors, freelancers, and gig workers are generally not eligible for workers’ compensation, exceptions exist. Under Virginia Code § 65.2-101, workers who have been misclassified as independent contractors by their employer may still have grounds to file a claim.