In Virginia, whether a business owner or corporate officer is covered by workers' compensation — and whether they can change that — depends on the entity type and Virginia's own rules. Getting the election right affects both your protection and your premium. Here is how inclusion and exclusion work in Virginia, the form or filing to use, and what it means for your policy.
Who must carry workers' compensation in Virginia?
Mandatory once a business regularly has more than two (i.e., 3+) full- or part-time employees; subcontractors' employees and executive officers count.
Can owners and officers be included or excluded in Virginia?
| Sole proprietor | Not an employee; may elect coverage voluntarily. |
|---|---|
| Partners | Generally excluded unless elected. |
| LLC members | A single-member LLC is not covered unless the member notifies the insurer of an election. |
| Corporate officers | Officers/LLC managers are employees covered by default (even if unpaid); may reject coverage only after valid coverage is in force (narrow exceptions for uncompensated nonprofit and POA officers). |
How to make the election in Virginia
- Online filing: Virginia WebFile
- Official source: Form 16A — Rejection of Coverage (officers/LLC managers; revoked via Form 17A)
Payroll counted for an included owner in Virginia
When an owner or officer is included, premium is figured on their payroll between a minimum and maximum (effective 4/1/2026), set by NCCI.
| Included owner/officer minimum | $750 per week |
|---|---|
| Included owner/officer maximum | $2,900 per week |
Included executive officer $750–$2,900/week; covered partners, sole proprietors, and LLC members at $76,100/year. NCCI-set, changes annually.
These amounts update periodically; we confirm the current figure for your policy.
Virginia's assigned-risk / residual market
An employer that can't secure workers' comp in the standard market can still get covered through Virginia assigned risk plan (administered by NCCI; rates regulated by the SCC Bureau of Insurance). We market your risk to voluntary carriers first and turn to the residual market only as a last resort.
Related
Virginia business insurance · Workers' compensation coverage · Virginia Workers' Compensation Commission.
Frequently Asked Questions
Do business owners have to carry workers' comp on themselves in Virginia?
It depends on your entity and role. Not an employee; may elect coverage voluntarily. Officers/LLC managers are employees covered by default (even if unpaid); may reject coverage only after valid coverage is in force (narrow exceptions for uncompensated nonprofit and POA officers). Employees are always covered.
How do I include or exclude an owner from workers' comp in Virginia?
The right form, portal, or endorsement depends on your entity type. Virginia uses an online filing, which we help you complete.
What payroll is used for an included owner in Virginia?
Included executive officer $750–$2,900/week; covered partners, sole proprietors, and LLC members at $76,100/year. NCCI-set, changes annually. We confirm the current figure for your policy.
Can Cory Washington & Co. handle my Virginia workers' comp election?
Yes. We confirm which rule applies to your entity, prepare the correct form or election, coordinate it with your carrier, and keep your workers' comp aligned with the rest of your program. Request a quote or a policy review and we'll take it from there.
This page is general educational information from Cory Washington & Co. LLC about how workers' compensation owner inclusion and exclusion works in this state. It is not legal, tax, or insurance advice and is not a determination of your eligibility or obligation. Workers' compensation laws, forms, payroll limits, and residual-market programs change and depend on your entity type, ownership, and operations. Confirm the current rules and amounts with your licensed advisor at Cory Washington & Co. LLC and the state agency before making any election.