{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-101.html"}],"law_id":59551,"edition_id":1,"section_id":59551,"structure_id":15021,"section_number":"65.2-101","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 65-2 through 65-7.1, 65-24, 65-25; 1952, c. 551; 1954, c. 246; 1956, cc. 283, 479; 1956, Ex. Sess., c. 53; 1958, c. 187; 1960, c. 149; 1962, c. 530; 1964, c. 603; 1966, c. 200; 1968, c. 660, \u00a7\u00a7 65.1-2, 65.1-3, 65.1-4, 65.1-5 through 65.1-8, 65.1-27, 65.1-28; 1970, c. 470; 1971, Ex. Sess., c. 7; 1972, cc. 464, 619; 1973, cc. 297, 542; 1975, c. 330, \u00a7 65.1-4.1; 1976, c. 187; 1977, c. 326; 1978, cc. 41, 841; 1979, c. 80, \u00a7 65.1-2.1; 1980, c. 421, \u00a7 65.1-4.2; 1983, c. 346; 1984, cc. 388, 694, 703, \u00a7 65.1-4.3; 1987, cc. 213, 308, \u00a7 65.1-4.4; 1988, c. 360; 1989, cc. 312, 319, 437, \u00a7\u00a7 65.1-4.5, 65.1-4.6; 1990, c. 838, \u00a7 65.1-4.1:1; 1991, cc. 277, 354, 355; 1992, c. 12; 1993, c. 280; 1994, cc. 271, 286, 526; 1995, cc. 4, 168, 272, 288; 1996, cc. 250, 721; 1998, c. 52; 1999, c. 1006; 2000, cc. 301, 624, 718, 1018; 2002, c. 69; 2003, c. 999; 2004, cc. 888, 928; 2005, cc. 354, 368, 374, 472; 2006, c. 629; 2007, c. 475; 2010, cc. 158, 278; 2011, cc. 572, 586, 665; 2012, c. 654; 2014, c. 209; 2015, cc. 13, 221, 442, 447, 502, 503; 2019, c. 210.","full_text":"As used in this title:\n\t\t“Average weekly wage” means:\n\n1\n\na. The earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury, divided by 52; but if the injured employee lost more than seven consecutive calendar days during such period, although not in the same week, then the earnings for the remainder of the 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results fair and just to both parties will be thereby obtained. When, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.\n\t\t\tb. When for exceptional reasons the foregoing would be unfair either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.2\n\nWhenever allowances of any character made to an employee in lieu of wages are a specified part of the wage contract, they shall be deemed a part of his earnings. For the purpose of this title, the average weekly wage of the members of the Virginia National Guard and the Virginia Defense Force, registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth, volunteer firefighters engaged in firefighting activities under the supervision and control of the Department of Forestry, and forest wardens shall be deemed to be such amount as will entitle them to the maximum compensation payable under this title; however, any award entered under the provisions of this title on behalf of members of the National Guard or their dependents, or registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth or their dependents, shall be subject to credit for benefits paid them under existing or future federal law on account of injury or occupational disease covered by the provisions of this title.3\n\nWhenever volunteer firefighters, volunteer emergency medical services personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations, volunteer members of community emergency response teams, and volunteer members of medical reserve corps are deemed employees under this title, their average weekly wage shall be deemed sufficient to produce the minimum compensation provided by this title for injured workers or their dependents. For the purposes of workers’ compensation insurance premium calculations, the monthly payroll for each volunteer firefighter or volunteer who is an individual who meets the definition of “emergency medical services personnel” in § 32.1-111.1 shall be deemed to be $300.4\n\nThe average weekly wage of persons, other than those covered in subdivision 3 of this definition, who respond to a hazardous materials incident at the request of the Department of Emergency Management shall be based upon the earnings of such persons from their primary employers.\n\t\t\t“Award” means the grant or denial of benefits or other relief under this title or any rule adopted pursuant thereto.\n\t\t\t“Change in condition” means a change in physical condition of the employee as well as any change in the conditions under which compensation was awarded, suspended, or terminated which would affect the right to, amount of, or duration of compensation.\n\t\t\t“Client company” means any person that enters into an agreement for professional employer services with a professional employer organization.\n\t\t\t“Coemployee” means an employee performing services pursuant to an agreement for professional employer services between a client company and a professional employer organization.\n\t\t\t“Commission” means the Virginia Workers’ Compensation Commission as well as its former designation as the Virginia Industrial Commission.\n\t\t\t“Employee” means:1\n\na. Every person, including aliens and minors, in the service of another under any contract of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed, except (i) one whose employment is not in the usual course of the trade, business, occupation or profession of the employer or (ii) as otherwise provided in subdivision 2 of this definition.\n\t\t\tb. Any apprentice, trainee, or retrainee who is regularly employed while receiving training or instruction outside of regular working hours and off the job, so long as the training or instruction is related to his employment and is authorized by his employer.\n\t\t\tc. Members of the Virginia National Guard, whether on duty in a paid or unpaid status or when performing voluntary service to their unit in a nonduty status at the request of their commander.\n\t\t\tIncome benefits for members of the National Guard shall be terminated when they are able to return to their customary civilian employment or self-employment. If they are neither employed nor self-employed, those benefits shall terminate when they are able to return to their military duties. If a member of the National Guard who is fit to return to his customary civilian employment or self-employment remains unable to perform his military duties and thereby suffers loss of military pay which he would otherwise have earned, he shall be entitled to one day of income benefits for each unit training assembly or day of paid training which he is unable to attend.\n\t\t\td. Members of the Virginia Defense Force.\n\t\t\te. Registered members of the United States Civil Defense Corps of the Commonwealth, whether on duty or in training.\n\t\t\tf. Except as provided in subdivision 2 of this definition, all officers and employees of the Commonwealth, including (i) forest wardens; (ii) judges, clerks, deputy clerks and employees of juvenile and domestic relations district courts and general district courts; and (iii) secretaries and administrative assistants for officers and members of the General Assembly employed pursuant to \u00a7 30-19.4 and compensated as provided in the general appropriation act, who shall be deemed employees of the Commonwealth.\n\t\t\tg. Except as provided in subdivision 2 of this definition, all officers and employees of a municipal corporation or political subdivision of the Commonwealth.\n\t\t\th. Except as provided in subdivision 2 of this definition, (i) every executive officer, including president, vice-president, secretary, treasurer or other officer, elected or appointed in accordance with the charter and bylaws of a corporation, municipal or otherwise and (ii) every manager of a limited liability company elected or appointed in accordance with the articles of organization or operating agreement of the limited liability company.\n\t\t\ti. Policemen and firefighters, sheriffs and their deputies, town sergeants and their deputies, county and city commissioners of the revenue, county and city treasurers, attorneys for the Commonwealth, clerks of circuit courts and their deputies, officers and employees, and electoral board members appointed in accordance with \u00a7 24.2-106, who shall be deemed employees of the respective cities, counties and towns in which their services are employed and by whom their salaries are paid or in which their compensation is earnable. However, notwithstanding the foregoing provision of this subdivision, such individuals who would otherwise be deemed to be employees of the city, county, or town in which their services are employed and by whom their salaries are paid or in which their compensation is earnable shall be deemed to be employees of the Commonwealth while rendering aid outside of the Commonwealth pursuant to a request, approved by the Commonwealth, under the Emergency Management Assistance Compact enacted pursuant to \u00a7 44-146.28:1.\n\t\t\tj. Members of the governing body of any county, city, or town in the Commonwealth, whenever coverage under this title is extended to such members by resolution or ordinance duly adopted.\n\t\t\tk. Volunteers, officers and employees of any commission or board of any authority created or controlled by a local governing body, or any local agency or public service corporation owned, operated or controlled by such local governing body, whenever coverage under this title is authorized by resolution or ordinance duly adopted by the governing board of any county, city, town, or any political subdivision thereof.\n\t\t\tl. Except as provided in subdivision 2 of this definition, volunteer firefighters, volunteer emergency medical services agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations, volunteer members of regional hazardous materials emergency response teams, volunteer members of community emergency response teams, and volunteer members of medical reserve corps, who shall be deemed employees of (i) the political subdivision or public institution of higher education in which the principal office of such volunteer fire company, volunteer emergency medical services agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve police force, auxiliary or reserve deputy sheriff force, volunteer search and rescue organization, regional hazardous materials emergency response team, community emergency response team, or medical reserve corps is located if the governing body of such political subdivision or public institution of higher education has adopted a resolution acknowledging those persons as employees for the purposes of this title or (ii) in the case of volunteer firefighters or volunteer emergency medical services personnel, the fire companies or emergency medical services agencies for which volunteer services are provided whenever such companies or squads elect to be included as an employer under this title.\n\t\t\tm. (1) Volunteer firefighters, volunteer emergency medical services agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations and any other persons who respond to an incident upon request of the Department of Emergency Management, who shall be deemed employees of the Department of Emergency Management for the purposes of this title.2\n\nVolunteer firefighters when engaged in firefighting activities under the supervision and control of the Department of Forestry, who shall be deemed employees of the Department of Forestry for the purposes of this title.\n\t\t\t\tn. Any sole proprietor, shareholder of a stock corporation having only one shareholder, member of a limited liability company having only one member, or all partners of a business electing to be included as an employee under the workers’ compensation coverage of such business if the insurer is notified of this election. Any sole proprietor, shareholder or member or the partners shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this title.\n\t\t\t\tWhen any partner or sole shareholder, member or proprietor is entitled to receive coverage under this title, such person shall be subject to all provisions of this title as if he were an employee; however, the notices required under §§ 65.2-405 and 65.2-600 shall be given to the insurance carrier, and the panel of physicians required under § 65.2-603 shall be selected by the insurance carrier.\n\t\t\t\to. The independent contractor of any employer subject to this title at the election of such employer provided (i) the independent contractor agrees to such inclusion and (ii) unless the employer is self-insured, the employer’s insurer agrees in writing to such inclusion. All or part of the cost of the insurance coverage of the independent contractor may be borne by the independent contractor.\n\t\t\t\tWhen any independent contractor is entitled to receive coverage under this section, such person shall be subject to all provisions of this title as if he were an employee, provided that the notices required under §§ 65.2-405 and 65.2-600 are given either to the employer or its insurance carrier.\n\t\t\t\tHowever, nothing in this title shall be construed to make the employees of any independent contractor the employees of the person or corporation employing or contracting with such independent contractor.\n\t\t\t\tp. The legal representative, dependents and any other persons to whom compensation may be payable when any person covered as an employee under this title shall be deceased.\n\t\t\t\tq. Jail officers and jail superintendents employed by regional jails or jail farm boards or authorities, whether created pursuant to Article 3.1 (§ 53.1-95.2 et seq.) or Article 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1, or an act of assembly.\n\t\t\t\tr. AmeriCorps members who receive stipends in return for volunteering in local, state and nonprofit agencies in the Commonwealth, who shall be deemed employees of the Commonwealth for the purposes of this title.\n\t\t\t\ts. Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program, who shall be deemed employees of the Commonwealth for the purposes of this title.\n\t\t\t\tt. Temporary Assistance for Needy Families recipients not eligible for Medicaid participating in the work experience component of the Virginia Initiative for Education and Work, who shall be deemed employees of the Commonwealth for the purposes of this title.2\n\n“Employee” shall not mean:\n\t\t\ta. Officers and employees of the Commonwealth who are elected by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate. This exception shall not apply to any “state employee” as defined in \u00a7 51.1-124.3 nor to Supreme Court Justices, judges of the Court of Appeals, judges of the circuit or district courts, members of the Workers’ Compensation Commission and the State Corporation Commission, or the Superintendent of State Police.\n\t\t\tb. Officers and employees of municipal corporations and political subdivisions of the Commonwealth who are elected by the people or by the governing bodies, and who act in purely administrative capacities and are to serve for a definite term of office.\n\t\t\tc. Any person who is a licensed real estate salesperson, or a licensed real estate broker associated with a real estate broker, if (i) substantially all of the salesperson’s or associated broker’s remuneration is derived from real estate commissions, (ii) the services of the salesperson or associated broker are performed under a written contract specifying that the salesperson is an independent contractor, and (iii) such contract includes a provision that the salesperson or associated broker will not be treated as an employee for federal income tax purposes.\n\t\t\td. Any taxicab or executive sedan driver, provided the Commission is furnished evidence that such individual is excluded from taxation by the Federal Unemployment Tax Act.\n\t\t\te. Casual employees.\n\t\t\tf. Domestic servants.\n\t\t\tg. Farm and horticultural laborers, unless the employer regularly has in service more than three full-time employees.\n\t\t\th. Employees of any person, firm or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this Commonwealth, unless such employees and their employers voluntarily elect to be bound by this title. However, this exemption shall not apply to the operators of underground coal mines or their employees. An executive officer who is not paid salary or wages on a regular basis at an agreed upon amount and who rejects coverage under this title pursuant to \u00a7 65.2-300 shall not be included as an employee for purposes of this subdivision.\n\t\t\ti. Employees of any common carrier by railroad engaging in commerce between any of the several states or territories or between the District of Columbia and any of the states or territories and any foreign nation or nations, and any person suffering injury or death while he is employed by such carrier in such commerce. This title shall not be construed to lessen the liability of any such common carrier or to diminish or take away in any respect any right that any person so employed, or the personal representative, kindred or relation, or dependent of such person, may have under the act of Congress relating to the liability of common carriers by railroad to their employees in certain cases, approved April 22, 1908, or under \u00a7\u00a7 8.01-57 through 8.01-62 or \u00a7 56-441.\n\t\t\tj. Employees of common carriers by railroad who are engaged in intrastate trade or commerce. However, this title shall not be construed to lessen the liability of such common carriers or take away or diminish any right that any employee or, in case of his death, the personal representative of such employee of such common carrier may have under \u00a7\u00a7 8.01-57 through 8.01-61 or \u00a7 56-441.\n\t\t\tk. Except as provided in subdivision 1 of this definition, a member of a volunteer fire department or volunteer emergency medical services agency when engaged in activities related principally to participation as an individual who meets the definition of “emergency medical services personnel” in \u00a7 32.1-111.1 or a member of such fire department whether or not the volunteer continues to receive compensation from his employer for time away from the job.\n\t\t\tl. Except as otherwise provided in this title, noncompensated employees and noncompensated directors of (i) corporations exempt from taxation pursuant to \u00a7 501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) or (ii) property owners’ associations as defined in \u00a7 55.1-1800.\n\t\t\tm. Any person performing services as a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official for a public entity or a private, nonprofit organization which sponsors an amateur sports event. For the purposes of this subdivision, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sports event. This shall not include any person, otherwise employed by an organization or entity sponsoring a sports event, who performs services as a sports official as part of his regular employment.\n\t\t\tn. Any person who suffers an injury on or after July 1, 2012, for which there is jurisdiction under either the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et seq. However, this title shall not be construed to eliminate or diminish any right that any person or, in the case of the person’s death, his personal representative, may have under either the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et seq.\n\t\t\to. An owner-operator of a motor vehicle that is leased with or to a common or contract carrier in the trucking industry if (i) the owner-operator performs services for the carrier pursuant to a contract that provides that the owner-operator is an independent contractor and shall not be treated as an employee for purposes of the Federal Insurance Contributions Act, 26 U.S.C. \u00a7 3101 et seq., Social Security Act of 1935, P.L. 74-271, federal unemployment tax laws, and federal income tax laws and (ii) each of the following factors is present:1\n\nThe owner-operator is responsible for the maintenance of the vehicle;2\n\nThe owner-operator bears the principal burden of the vehicle’s operating costs;3\n\nThe owner-operator is the driver;4\n\nThe owner-operator’s compensation is based on factors related to the work performed and not on the basis of hours or time expended; and5\n\nThe owner-operator determines the method and means of performing the service.\n\t\t\t\t“Employer” includes (i) any person, the Commonwealth or any political subdivision thereof and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay and (ii) any volunteer fire company or volunteer emergency medical services agency electing to be included and maintaining coverage as an employer under this title. If the employer is insured, it includes his insurer so far as applicable.\n\t\t\t\t“Executive officer” means (i) the president, vice-president, secretary, treasurer or other officer elected or appointed in accordance with the charter and bylaws of a corporation and (ii) the managers elected or appointed in accordance with the articles of organization or operating agreement of a limited liability company. However, “executive officer” does not include (a) noncompensated officers of corporations exempt from taxation pursuant to § 501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) or (b) noncompensated officers of a property owners’ association as such term is defined in § 55.1-1800.\n\t\t\t\t“Filed” means hand delivered to the Commission’s office in Richmond or any regional office maintained by the Commission; sent by means of electronic transmission approved by the Commission; sent by facsimile transmission; or posted at any post office of the United States Postal Service by certified or registered mail. Filing by first-class mail, electronic transmission, or facsimile transmission shall be deemed completed only when the document or other material transmitted reaches the Commission or its designated agent.\n\t\t\t\t“Injury” means only injury by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ 65.2-400 et seq.) and does not include a disease in any form, except when it results naturally and unavoidably from either of the foregoing causes. Such term shall not include any injury, disease or condition resulting from an employee’s voluntary:1\n\nParticipation in employer-sponsored off-duty recreational activities which are not part of the employee’s duties; or2\n\nUse of a motor vehicle that was provided to the employee by a motor vehicle dealer as defined by § 46.2-1500 and bears a dealer’s license plate as defined by § 46.2-1550 for (i) commuting to or from work or (ii) any other nonwork activity.\n\t\t\tSuch term shall include any injury, disease or condition:1\n\nArising out of and in the course of the employment of (a) an employee of a hospital as defined in § 32.1-123; (b) an employee of a health care provider as defined in § 8.01-581.1; (c) an employee of the Department of Health or a local department of health; (d) a member of a search and rescue organization; or (e) any person described in clauses (i) through (iv), (vi), and (ix) of subsection A of § 65.2-402.1 otherwise subject to the provisions of this title; and2\n\nResulting from (a) the administration of vaccinia (smallpox) vaccine, Cidofivir and derivatives thereof, or Vaccinia Immune Globulin as part of federally initiated smallpox countermeasures, or (b) transmission of vaccinia in the course of employment from an employee participating in such countermeasures to a coemployee of the same employer.\n\t\t\t“Professional employer organization” means any person that enters into a written agreement with a client company to provide professional employer services.\n\t\t\t“Professional employer services” means services provided to a client company pursuant to a written agreement with a professional employer organization whereby the professional employer organization initially employs all or a majority of a client company’s workforce and assumes responsibilities as an employer for all coemployees that are assigned, allocated, or shared by the agreement between the professional employer organization and the client company.\n\t\t\t“Staffing service” means any person, other than a professional employer organization, that hires its own employees and assigns them to a client to support or supplement the client’s workforce. It includes temporary staffing services that supply employees to clients in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.","order_by":null,"text":{"0":{"id":218151,"text":"As used in this title:\n\t\t“Average weekly wage” means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":218152,"text":"a. The earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury, divided by 52; but if the injured employee lost more than seven consecutive calendar days during such period, although not in the same week, then the earnings for the remainder of the 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results fair and just to both parties will be thereby obtained. When, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.\n\t\t\tb. When for exceptional reasons the foregoing would be unfair either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":218153,"text":"Whenever allowances of any character made to an employee in lieu of wages are a specified part of the wage contract, they shall be deemed a part of his earnings. For the purpose of this title, the average weekly wage of the members of the Virginia National Guard and the Virginia Defense Force, registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth, volunteer firefighters engaged in firefighting activities under the supervision and control of the Department of Forestry, and forest wardens shall be deemed to be such amount as will entitle them to the maximum compensation payable under this title; however, any award entered under the provisions of this title on behalf of members of the National Guard or their dependents, or registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth or their dependents, shall be subject to credit for benefits paid them under existing or future federal law on account of injury or occupational disease covered by the provisions of this title.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":218154,"text":"Whenever volunteer firefighters, volunteer emergency medical services personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations, volunteer members of community emergency response teams, and volunteer members of medical reserve corps are deemed employees under this title, their average weekly wage shall be deemed sufficient to produce the minimum compensation provided by this title for injured workers or their dependents. For the purposes of workers’ compensation insurance premium calculations, the monthly payroll for each volunteer firefighter or volunteer who is an individual who meets the definition of “emergency medical services personnel” in § 32.1-111.1 shall be deemed to be $300.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":218155,"text":"The average weekly wage of persons, other than those covered in subdivision 3 of this definition, who respond to a hazardous materials incident at the request of the Department of Emergency Management shall be based upon the earnings of such persons from their primary employers.\n\t\t\t“Award” means the grant or denial of benefits or other relief under this title or any rule adopted pursuant thereto.\n\t\t\t“Change in condition” means a change in physical condition of the employee as well as any change in the conditions under which compensation was awarded, suspended, or terminated which would affect the right to, amount of, or duration of compensation.\n\t\t\t“Client company” means any person that enters into an agreement for professional employer services with a professional employer organization.\n\t\t\t“Coemployee” means an employee performing services pursuant to an agreement for professional employer services between a client company and a professional employer organization.\n\t\t\t“Commission” means the Virginia Workers’ Compensation Commission as well as its former designation as the Virginia Industrial Commission.\n\t\t\t“Employee” means:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"1"},"5":{"id":218156,"text":"a. Every person, including aliens and minors, in the service of another under any contract of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed, except (i) one whose employment is not in the usual course of the trade, business, occupation or profession of the employer or (ii) as otherwise provided in subdivision 2 of this definition.\n\t\t\tb. Any apprentice, trainee, or retrainee who is regularly employed while receiving training or instruction outside of regular working hours and off the job, so long as the training or instruction is related to his employment and is authorized by his employer.\n\t\t\tc. Members of the Virginia National Guard, whether on duty in a paid or unpaid status or when performing voluntary service to their unit in a nonduty status at the request of their commander.\n\t\t\tIncome benefits for members of the National Guard shall be terminated when they are able to return to their customary civilian employment or self-employment. If they are neither employed nor self-employed, those benefits shall terminate when they are able to return to their military duties. If a member of the National Guard who is fit to return to his customary civilian employment or self-employment remains unable to perform his military duties and thereby suffers loss of military pay which he would otherwise have earned, he shall be entitled to one day of income benefits for each unit training assembly or day of paid training which he is unable to attend.\n\t\t\td. Members of the Virginia Defense Force.\n\t\t\te. Registered members of the United States Civil Defense Corps of the Commonwealth, whether on duty or in training.\n\t\t\tf. Except as provided in subdivision 2 of this definition, all officers and employees of the Commonwealth, including (i) forest wardens; (ii) judges, clerks, deputy clerks and employees of juvenile and domestic relations district courts and general district courts; and (iii) secretaries and administrative assistants for officers and members of the General Assembly employed pursuant to \u00a7 30-19.4 and compensated as provided in the general appropriation act, who shall be deemed employees of the Commonwealth.\n\t\t\tg. Except as provided in subdivision 2 of this definition, all officers and employees of a municipal corporation or political subdivision of the Commonwealth.\n\t\t\th. Except as provided in subdivision 2 of this definition, (i) every executive officer, including president, vice-president, secretary, treasurer or other officer, elected or appointed in accordance with the charter and bylaws of a corporation, municipal or otherwise and (ii) every manager of a limited liability company elected or appointed in accordance with the articles of organization or operating agreement of the limited liability company.\n\t\t\ti. Policemen and firefighters, sheriffs and their deputies, town sergeants and their deputies, county and city commissioners of the revenue, county and city treasurers, attorneys for the Commonwealth, clerks of circuit courts and their deputies, officers and employees, and electoral board members appointed in accordance with \u00a7 24.2-106, who shall be deemed employees of the respective cities, counties and towns in which their services are employed and by whom their salaries are paid or in which their compensation is earnable. However, notwithstanding the foregoing provision of this subdivision, such individuals who would otherwise be deemed to be employees of the city, county, or town in which their services are employed and by whom their salaries are paid or in which their compensation is earnable shall be deemed to be employees of the Commonwealth while rendering aid outside of the Commonwealth pursuant to a request, approved by the Commonwealth, under the Emergency Management Assistance Compact enacted pursuant to \u00a7 44-146.28:1.\n\t\t\tj. Members of the governing body of any county, city, or town in the Commonwealth, whenever coverage under this title is extended to such members by resolution or ordinance duly adopted.\n\t\t\tk. Volunteers, officers and employees of any commission or board of any authority created or controlled by a local governing body, or any local agency or public service corporation owned, operated or controlled by such local governing body, whenever coverage under this title is authorized by resolution or ordinance duly adopted by the governing board of any county, city, town, or any political subdivision thereof.\n\t\t\tl. Except as provided in subdivision 2 of this definition, volunteer firefighters, volunteer emergency medical services agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations, volunteer members of regional hazardous materials emergency response teams, volunteer members of community emergency response teams, and volunteer members of medical reserve corps, who shall be deemed employees of (i) the political subdivision or public institution of higher education in which the principal office of such volunteer fire company, volunteer emergency medical services agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve police force, auxiliary or reserve deputy sheriff force, volunteer search and rescue organization, regional hazardous materials emergency response team, community emergency response team, or medical reserve corps is located if the governing body of such political subdivision or public institution of higher education has adopted a resolution acknowledging those persons as employees for the purposes of this title or (ii) in the case of volunteer firefighters or volunteer emergency medical services personnel, the fire companies or emergency medical services agencies for which volunteer services are provided whenever such companies or squads elect to be included as an employer under this title.\n\t\t\tm. (1) Volunteer firefighters, volunteer emergency medical services agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations and any other persons who respond to an incident upon request of the Department of Emergency Management, who shall be deemed employees of the Department of Emergency Management for the purposes of this title.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4","next_prefix":"12"},"6":{"id":218157,"text":"Volunteer firefighters when engaged in firefighting activities under the supervision and control of the Department of Forestry, who shall be deemed employees of the Department of Forestry for the purposes of this title.\n\t\t\t\tn. Any sole proprietor, shareholder of a stock corporation having only one shareholder, member of a limited liability company having only one member, or all partners of a business electing to be included as an employee under the workers’ compensation coverage of such business if the insurer is notified of this election. Any sole proprietor, shareholder or member or the partners shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this title.\n\t\t\t\tWhen any partner or sole shareholder, member or proprietor is entitled to receive coverage under this title, such person shall be subject to all provisions of this title as if he were an employee; however, the notices required under §§ 65.2-405 and 65.2-600 shall be given to the insurance carrier, and the panel of physicians required under § 65.2-603 shall be selected by the insurance carrier.\n\t\t\t\to. The independent contractor of any employer subject to this title at the election of such employer provided (i) the independent contractor agrees to such inclusion and (ii) unless the employer is self-insured, the employer’s insurer agrees in writing to such inclusion. All or part of the cost of the insurance coverage of the independent contractor may be borne by the independent contractor.\n\t\t\t\tWhen any independent contractor is entitled to receive coverage under this section, such person shall be subject to all provisions of this title as if he were an employee, provided that the notices required under §§ 65.2-405 and 65.2-600 are given either to the employer or its insurance carrier.\n\t\t\t\tHowever, nothing in this title shall be construed to make the employees of any independent contractor the employees of the person or corporation employing or contracting with such independent contractor.\n\t\t\t\tp. The legal representative, dependents and any other persons to whom compensation may be payable when any person covered as an employee under this title shall be deceased.\n\t\t\t\tq. Jail officers and jail superintendents employed by regional jails or jail farm boards or authorities, whether created pursuant to Article 3.1 (§ 53.1-95.2 et seq.) or Article 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1, or an act of assembly.\n\t\t\t\tr. AmeriCorps members who receive stipends in return for volunteering in local, state and nonprofit agencies in the Commonwealth, who shall be deemed employees of the Commonwealth for the purposes of this title.\n\t\t\t\ts. Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program, who shall be deemed employees of the Commonwealth for the purposes of this title.\n\t\t\t\tt. Temporary Assistance for Needy Families recipients not eligible for Medicaid participating in the work experience component of the Virginia Initiative for Education and Work, who shall be deemed employees of the Commonwealth for the purposes of this title.","type":"section","prefixes":["1","2"],"prefix":"2","entire_prefix":"12","prefix_anchor":"12","level":2,"prior_prefix":"1","next_prefix":"2"},"7":{"id":218158,"text":"“Employee” shall not mean:\n\t\t\ta. Officers and employees of the Commonwealth who are elected by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate. This exception shall not apply to any “state employee” as defined in \u00a7 51.1-124.3 nor to Supreme Court Justices, judges of the Court of Appeals, judges of the circuit or district courts, members of the Workers’ Compensation Commission and the State Corporation Commission, or the Superintendent of State Police.\n\t\t\tb. Officers and employees of municipal corporations and political subdivisions of the Commonwealth who are elected by the people or by the governing bodies, and who act in purely administrative capacities and are to serve for a definite term of office.\n\t\t\tc. Any person who is a licensed real estate salesperson, or a licensed real estate broker associated with a real estate broker, if (i) substantially all of the salesperson’s or associated broker’s remuneration is derived from real estate commissions, (ii) the services of the salesperson or associated broker are performed under a written contract specifying that the salesperson is an independent contractor, and (iii) such contract includes a provision that the salesperson or associated broker will not be treated as an employee for federal income tax purposes.\n\t\t\td. Any taxicab or executive sedan driver, provided the Commission is furnished evidence that such individual is excluded from taxation by the Federal Unemployment Tax Act.\n\t\t\te. Casual employees.\n\t\t\tf. Domestic servants.\n\t\t\tg. Farm and horticultural laborers, unless the employer regularly has in service more than three full-time employees.\n\t\t\th. Employees of any person, firm or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this Commonwealth, unless such employees and their employers voluntarily elect to be bound by this title. However, this exemption shall not apply to the operators of underground coal mines or their employees. An executive officer who is not paid salary or wages on a regular basis at an agreed upon amount and who rejects coverage under this title pursuant to \u00a7 65.2-300 shall not be included as an employee for purposes of this subdivision.\n\t\t\ti. Employees of any common carrier by railroad engaging in commerce between any of the several states or territories or between the District of Columbia and any of the states or territories and any foreign nation or nations, and any person suffering injury or death while he is employed by such carrier in such commerce. This title shall not be construed to lessen the liability of any such common carrier or to diminish or take away in any respect any right that any person so employed, or the personal representative, kindred or relation, or dependent of such person, may have under the act of Congress relating to the liability of common carriers by railroad to their employees in certain cases, approved April 22, 1908, or under \u00a7\u00a7 8.01-57 through 8.01-62 or \u00a7 56-441.\n\t\t\tj. Employees of common carriers by railroad who are engaged in intrastate trade or commerce. However, this title shall not be construed to lessen the liability of such common carriers or take away or diminish any right that any employee or, in case of his death, the personal representative of such employee of such common carrier may have under \u00a7\u00a7 8.01-57 through 8.01-61 or \u00a7 56-441.\n\t\t\tk. Except as provided in subdivision 1 of this definition, a member of a volunteer fire department or volunteer emergency medical services agency when engaged in activities related principally to participation as an individual who meets the definition of “emergency medical services personnel” in \u00a7 32.1-111.1 or a member of such fire department whether or not the volunteer continues to receive compensation from his employer for time away from the job.\n\t\t\tl. Except as otherwise provided in this title, noncompensated employees and noncompensated directors of (i) corporations exempt from taxation pursuant to \u00a7 501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) or (ii) property owners’ associations as defined in \u00a7 55.1-1800.\n\t\t\tm. Any person performing services as a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official for a public entity or a private, nonprofit organization which sponsors an amateur sports event. For the purposes of this subdivision, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sports event. This shall not include any person, otherwise employed by an organization or entity sponsoring a sports event, who performs services as a sports official as part of his regular employment.\n\t\t\tn. Any person who suffers an injury on or after July 1, 2012, for which there is jurisdiction under either the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et seq. However, this title shall not be construed to eliminate or diminish any right that any person or, in the case of the person’s death, his personal representative, may have under either the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et seq.\n\t\t\to. An owner-operator of a motor vehicle that is leased with or to a common or contract carrier in the trucking industry if (i) the owner-operator performs services for the carrier pursuant to a contract that provides that the owner-operator is an independent contractor and shall not be treated as an employee for purposes of the Federal Insurance Contributions Act, 26 U.S.C. \u00a7 3101 et seq., Social Security Act of 1935, P.L. 74-271, federal unemployment tax laws, and federal income tax laws and (ii) each of the following factors is present:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"12","next_prefix":"21"},"8":{"id":218159,"text":"The owner-operator is responsible for the maintenance of the vehicle;","type":"section","prefixes":["2","1"],"prefix":"1","entire_prefix":"21","prefix_anchor":"21","level":2,"prior_prefix":"2","next_prefix":"22"},"9":{"id":218160,"text":"The owner-operator bears the principal burden of the vehicle’s operating costs;","type":"section","prefixes":["2","2"],"prefix":"2","entire_prefix":"22","prefix_anchor":"22","level":2,"prior_prefix":"21","next_prefix":"23"},"10":{"id":218161,"text":"The owner-operator is the driver;","type":"section","prefixes":["2","3"],"prefix":"3","entire_prefix":"23","prefix_anchor":"23","level":2,"prior_prefix":"22","next_prefix":"24"},"11":{"id":218162,"text":"The owner-operator’s compensation is based on factors related to the work performed and not on the basis of hours or time expended; and","type":"section","prefixes":["2","4"],"prefix":"4","entire_prefix":"24","prefix_anchor":"24","level":2,"prior_prefix":"23","next_prefix":"25"},"12":{"id":218163,"text":"The owner-operator determines the method and means of performing the service.\n\t\t\t\t“Employer” includes (i) any person, the Commonwealth or any political subdivision thereof and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay and (ii) any volunteer fire company or volunteer emergency medical services agency electing to be included and maintaining coverage as an employer under this title. If the employer is insured, it includes his insurer so far as applicable.\n\t\t\t\t“Executive officer” means (i) the president, vice-president, secretary, treasurer or other officer elected or appointed in accordance with the charter and bylaws of a corporation and (ii) the managers elected or appointed in accordance with the articles of organization or operating agreement of a limited liability company. However, “executive officer” does not include (a) noncompensated officers of corporations exempt from taxation pursuant to § 501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) or (b) noncompensated officers of a property owners’ association as such term is defined in § 55.1-1800.\n\t\t\t\t“Filed” means hand delivered to the Commission’s office in Richmond or any regional office maintained by the Commission; sent by means of electronic transmission approved by the Commission; sent by facsimile transmission; or posted at any post office of the United States Postal Service by certified or registered mail. Filing by first-class mail, electronic transmission, or facsimile transmission shall be deemed completed only when the document or other material transmitted reaches the Commission or its designated agent.\n\t\t\t\t“Injury” means only injury by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ 65.2-400 et seq.) and does not include a disease in any form, except when it results naturally and unavoidably from either of the foregoing causes. Such term shall not include any injury, disease or condition resulting from an employee’s voluntary:","type":"section","prefixes":["2","5"],"prefix":"5","entire_prefix":"25","prefix_anchor":"25","level":2,"prior_prefix":"24","next_prefix":"1"},"13":{"id":218164,"text":"Participation in employer-sponsored off-duty recreational activities which are not part of the employee’s duties; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"25","next_prefix":"2"},"14":{"id":218165,"text":"Use of a motor vehicle that was provided to the employee by a motor vehicle dealer as defined by § 46.2-1500 and bears a dealer’s license plate as defined by § 46.2-1550 for (i) commuting to or from work or (ii) any other nonwork activity.\n\t\t\tSuch term shall include any injury, disease or condition:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"15":{"id":218166,"text":"Arising out of and in the course of the employment of (a) an employee of a hospital as defined in § 32.1-123; (b) an employee of a health care provider as defined in § 8.01-581.1; (c) an employee of the Department of Health or a local department of health; (d) a member of a search and rescue organization; or (e) any person described in clauses (i) through (iv), (vi), and (ix) of subsection A of § 65.2-402.1 otherwise subject to the provisions of this title; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"16":{"id":218167,"text":"Resulting from (a) the administration of vaccinia (smallpox) vaccine, Cidofivir and derivatives thereof, or Vaccinia Immune Globulin as part of federally initiated smallpox countermeasures, or (b) transmission of vaccinia in the course of employment from an employee participating in such countermeasures to a coemployee of the same employer.\n\t\t\t“Professional employer organization” means any person that enters into a written agreement with a client company to provide professional employer services.\n\t\t\t“Professional employer services” means services provided to a client company pursuant to a written agreement with a professional employer organization whereby the professional employer organization initially employs all or a majority of a client company’s workforce and assumes responsibilities as an employer for all coemployees that are assigned, allocated, or shared by the agreement between the professional employer organization and the client company.\n\t\t\t“Staffing service” means any person, other than a professional employer organization, that hires its own employees and assigns them to a client to support or supplement the client’s workforce. It includes temporary staffing services that supply employees to clients in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":15021,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":276117,"object_type":"structure","relational_id":15021,"identifier":"1","token":"65.2\/1","url":"\/65.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67999,"structure_id":15021,"section_number":"65.2-100","catch_line":"Short title","url":"\/65.2-100\/","token":"65.2\/1\/65.2-100","metadata":false},{"id":59551,"structure_id":15021,"section_number":"65.2-101","catch_line":"Definitions","url":"\/65.2-101\/","token":"65.2\/1\/65.2-101","metadata":false},{"id":57932,"structure_id":15021,"section_number":"65.2-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/65.2-101.1\/","token":"65.2\/1\/65.2-101.1","metadata":false},{"id":74882,"structure_id":15021,"section_number":"65.2-102","catch_line":"Coverage of firefighters and law-enforcement officers in off-duty capacity","url":"\/65.2-102\/","token":"65.2\/1\/65.2-102","metadata":false},{"id":79344,"structure_id":15021,"section_number":"65.2-103","catch_line":"Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders","url":"\/65.2-103\/","token":"65.2\/1\/65.2-103","metadata":false},{"id":59660,"structure_id":15021,"section_number":"65.2-104","catch_line":"Coverage of first responders in off-duty capacity during state of emergency","url":"\/65.2-104\/","token":"65.2\/1\/65.2-104","metadata":false},{"id":57280,"structure_id":15021,"section_number":"65.2-105","catch_line":"Presumption that certain injuries arose out of and in the course of employment","url":"\/65.2-105\/","token":"65.2\/1\/65.2-105","metadata":false},{"id":57573,"structure_id":15021,"section_number":"65.2-106","catch_line":"Criminal justice training academy trainees","url":"\/65.2-106\/","token":"65.2\/1\/65.2-106","metadata":false},{"id":58233,"structure_id":15021,"section_number":"65.2-107","catch_line":"Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters","url":"\/65.2-107\/","token":"65.2\/1\/65.2-107","metadata":false}],"previous_section":{"id":67999,"structure_id":15021,"section_number":"65.2-100","catch_line":"Short title","url":"\/65.2-100\/","token":"65.2\/1\/65.2-100","metadata":false},"next_section":{"id":57932,"structure_id":15021,"section_number":"65.2-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/65.2-101.1\/","token":"65.2\/1\/65.2-101.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-101\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 45 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 551; in 1954, chapter 246; in 1956, chapters 283 and 479; in 1958, chapter 187; in 1960, chapter 149; in 1962, chapter 530; in 1964, chapter 603; in 1966, chapter 200; in 1968, chapter 660; in 1970, chapter 470; in 1972, chapters 464 and 619; in 1973, chapters 297 and 542; in 1975, chapter 330; in 1976, chapter 187; in 1977, chapter 326; in 1978, chapters 41 and 841; in 1979, chapter 80; in 1980, chapter 421; in 1983, chapter 346; in 1984, chapters 388, 694, and 703; in 1987, chapters 213 and 308; in 1988, chapter 360; in 1989, chapters 312, 319, and 437; in 1990, chapter 838; in 1991, chapters 277, 354, and 355; in 1992, chapter 12; in 1993, chapter 280; in 1994, chapters 271<\/a>, 286<\/a>, and 526<\/a>; in 1995, chapters 4<\/a>, 168<\/a>, 272<\/a>, and 288<\/a>; in 1996, chapters 250<\/a> and 721<\/a>; in 1998, chapter 52<\/a>; in 1999, chapter 1006<\/a>; in 2000, chapters 301<\/a>, 624<\/a>, 718<\/a>, and 1018<\/a>; in 2002, chapter 69<\/a>; in 2003, chapter 999<\/a>; in 2004, chapters 888<\/a> and 928<\/a>; in 2005, chapters 354<\/a>, 368<\/a>, 374<\/a>, and 472<\/a>; in 2006, chapter 629<\/a>; in 2007, chapter 475<\/a>; in 2010, chapters 158<\/a> and 278<\/a>; in 2011, chapters 572<\/a>, 586<\/a>, and 665<\/a>; in 2012, chapter 654<\/a>; in 2014, chapter 209<\/a>; in 2015, chapters 13<\/a>, 221<\/a>, 442<\/a>, 447<\/a>, 502<\/a>, and 503<\/a>; in 2019, chapter 210<\/a>.<\/p>","references":[{"id":57539,"section_number":"38.2-1901","catch_line":"Definitions","order_by":null,"url":"\/38.2-1901\/"},{"id":82207,"section_number":"51.1-1100","catch_line":"Definitions","order_by":null,"url":"\/51.1-1100\/"},{"id":55138,"section_number":"51.1-1150","catch_line":"Definitions","order_by":null,"url":"\/51.1-1150\/"},{"id":59660,"section_number":"65.2-104","catch_line":"Coverage of first responders in off-duty capacity during state of emergency","order_by":null,"url":"\/65.2-104\/"},{"id":81629,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","order_by":null,"url":"\/65.2-401\/"},{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":85307,"section_number":"65.2-502","catch_line":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-502\/"},{"id":70887,"section_number":"65.2-504","catch_line":"Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator","order_by":null,"url":"\/65.2-504\/"},{"id":56660,"section_number":"65.2-512","catch_line":"Compensation to dependents of an employee killed; burial expenses","order_by":null,"url":"\/65.2-512\/"}],"refers_to":[{"id":75398,"section_number":"24.2-106","catch_line":"Appointment and terms; vacancies; chairman and secretary; certain prohibitions; training","order_by":null,"url":"\/24.2-106\/"},{"id":71802,"section_number":"30-19.4","catch_line":"Secretaries and administrative assistants for officers and members of General Assembly; staff personnel for standing committees","order_by":null,"url":"\/30-19.4\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":83794,"section_number":"44-146.28:1","catch_line":"Compact enacted into law; terms","order_by":null,"url":"\/44-146.28_1\/"},{"id":84929,"section_number":"46.2-1500","catch_line":"Definitions","order_by":null,"url":"\/46.2-1500\/"},{"id":72295,"section_number":"46.2-1550","catch_line":"Use of dealer's and manufacturer's license plates, generally","order_by":null,"url":"\/46.2-1550\/"},{"id":70634,"section_number":"51.1-124.3","catch_line":"Definitions","order_by":null,"url":"\/51.1-124.3\/"},{"id":83334,"section_number":"53.1-105","catch_line":"County and city regional jail or jail farm; persons who may be confined; release and transfer of prisoners","order_by":null,"url":"\/53.1-105\/"},{"id":72359,"section_number":"53.1-95.2","catch_line":"Jail authority","order_by":null,"url":"\/53.1-95.2\/"},{"id":65321,"section_number":"55.1-1800","catch_line":"Definitions","order_by":null,"url":"\/55.1-1800\/"},{"id":75353,"section_number":"56-441","catch_line":"Liability for injury to employee","order_by":null,"url":"\/56-441\/"},{"id":66375,"section_number":"65.2-300","catch_line":"Presumption of acceptance of provisions of title; exemptions; notice and rejection","order_by":null,"url":"\/65.2-300\/"},{"id":77071,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","order_by":null,"url":"\/65.2-400\/"},{"id":85102,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","order_by":null,"url":"\/65.2-402.1\/"},{"id":81595,"section_number":"65.2-405","catch_line":"Notice to be given","order_by":null,"url":"\/65.2-405\/"},{"id":81142,"section_number":"65.2-600","catch_line":"Notice of accident","order_by":null,"url":"\/65.2-600\/"},{"id":82651,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","order_by":null,"url":"\/65.2-603\/"},{"id":84842,"section_number":"8.01-57","catch_line":"Liability of railroads for injury to certain employees","order_by":null,"url":"\/8.01-57\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"},{"id":75326,"section_number":"8.01-61","catch_line":"Definition of \"common carrier\" as used in article","order_by":null,"url":"\/8.01-61\/"},{"id":86257,"section_number":"8.01-62","catch_line":"Action may embrace liability under both State and federal acts","order_by":null,"url":"\/8.01-62\/"}],"permalink":{"id":276123,"object_type":"law","relational_id":59551,"identifier":"65.2-101","token":"65.2\/1\/65.2-101","url":"\/65.2-101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-101\/","token":"65.2\/1\/65.2-101","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this title:\n\t\t“Average weekly wage” means:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a. The earnings of the injured employee in the employment in which he was working at the time of the injury<\/span> during the period of 52 weeks immediately preceding the date of the injury<\/span>, divided by 52; but if the injured employee lost more than seven consecutive calendar days during such period, although not in the same week, then the earnings for the remainder of the 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury<\/span> extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results fair and just to both parties will be thereby obtained. When, by reason of a shortness of time during which the employee has been in the employment of his employer<\/span> or the casual nature or terms of his employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury<\/span> was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.\n\t\t\tb. When for exceptional reasons the foregoing would be unfair either to the employer<\/span> or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whenever allowances of any character made to an employee in lieu of wages are a specified part of the wage contract<\/span>, they shall be deemed a part of his earnings. For the purpose of this title, the average weekly wage of the members of the Virginia National Guard and the Virginia Defense Force, registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth, volunteer firefighters engaged in firefighting activities under the supervision and control of the Department of Forestry, and forest wardens shall be deemed to be such amount as will entitle them to the maximum compensation payable under this title; however, any award<\/span> entered under the provisions of this title on behalf of members of the National Guard or their dependents, or registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth or their dependents, shall be subject to credit for benefits paid them under existing or future federal law<\/span> on account of injury<\/span> or occupational disease covered by the provisions of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whenever volunteer firefighters, volunteer emergency medical services personnel, volunteer law<\/span>-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations, volunteer members of community emergency response teams, and volunteer members of medical reserve corps are deemed employees under this title, their average weekly wage shall be deemed sufficient to produce the minimum compensation provided by this title for injured workers or their dependents. For the purposes of workers’ compensation insurance premium calculations, the monthly payroll for each volunteer firefighter or volunteer who is an individual who meets the definition of “emergency medical services personnel” in § 32.1-111.1<\/a> shall be deemed to be $300. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The average weekly wage of persons, other than those covered in subdivision 3 of this definition, who respond to a hazardous materials<\/span> incident at the request of the Department of Emergency Management shall be based upon the earnings of such persons from their primary employers<\/span>.\n\t\t\t“Award<\/span>” means the grant or denial of benefits or other relief under this title or any rule adopted pursuant thereto.\n\t\t\t“Change in condition<\/span>” means a change in physical condition of the employee as well as any change in the conditions under which compensation was awarded, suspended, or terminated which would affect the right to, amount of, or duration of compensation.\n\t\t\t“Client company<\/span>” means any person that enters into an agreement for professional employer services<\/span> with a professional employer organization<\/span>.\n\t\t\t“Coemployee<\/span>” means an employee performing services pursuant to an agreement for professional employer services<\/span> between a client company<\/span> and a professional employer organization<\/span>.\n\t\t\t“Commission<\/span>” means the Virginia Workers’ Compensation Commission<\/span> as well as its former designation as the Virginia Industrial Commission<\/span>.\n\t\t\t“Employee” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a. Every person, including aliens and minors<\/span>, in the service of another under any contract<\/span> of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed, except (i) one whose employment is not in the usual course of the trade, business, occupation or profession of the employer or (ii) as otherwise provided in subdivision 2 of this definition.\n\t\t\tb. Any apprentice, trainee, or retrainee who is regularly employed while receiving training or instruction outside of regular working hours and off the job, so long as the training or instruction is related to his employment and is authorized by his employer.\n\t\t\tc. Members of the Virginia National Guard, whether on duty in a paid or unpaid status or when performing voluntary service to their unit in a nonduty status at the request of their commander.\n\t\t\tIncome benefits for members of the National Guard shall be terminated when they are able to return to their customary civilian employment or self-employment. If they are neither employed nor self-employed, those benefits shall terminate when they are able to return to their military duties. If a member of the National Guard who is fit to return to his customary civilian employment or self-employment remains unable to perform his military duties and thereby suffers loss of military pay which he would otherwise have earned, he shall be entitled to one day of income benefits for each unit training assembly or day of paid training which he is unable to attend.\n\t\t\td. Members of the Virginia Defense Force.\n\t\t\te. Registered members of the United States Civil Defense Corps of the Commonwealth, whether on duty or in training.\n\t\t\tf. Except as provided in subdivision 2 of this definition, all officers and employees of the Commonwealth, including (i) forest wardens; (ii) judges<\/span>, clerks, deputy clerks and employees of juvenile and domestic relations district courts<\/span> and general district courts<\/span>; and (iii) secretaries and administrative assistants for officers and members of the General Assembly employed pursuant to \u00a7 30-19.4<\/a> and compensated as provided in the general appropriation act, who shall be deemed employees of the Commonwealth.\n\t\t\tg. Except as provided in subdivision 2 of this definition, all officers and employees of a municipal corporation or political subdivision of the Commonwealth.\n\t\t\th. Except as provided in subdivision 2 of this definition, (i) every executive officer<\/span>, including president, vice-president, secretary, treasurer or other officer, elected or appointed in accordance with the charter and bylaws of a corporation, municipal or otherwise and (ii) every manager of a limited liability company elected or appointed in accordance with the articles of organization or operating agreement of the limited liability company.\n\t\t\ti. Policemen and firefighters, sheriffs and their deputies, town sergeants and their deputies, county and city commissioners of the revenue, county and city treasurers, attorneys for the Commonwealth, clerks of circuit<\/span> courts<\/span> and their deputies, officers and employees, and electoral board members appointed in accordance with \u00a7 24.2-106<\/a>, who shall be deemed employees of the respective cities, counties and towns in which their services are employed and by whom their salaries are paid or in which their compensation is earnable. However, notwithstanding the foregoing provision of this subdivision, such individuals who would otherwise be deemed to be employees of the city, county, or town in which their services are employed and by whom their salaries are paid or in which their compensation is earnable shall be deemed to be employees of the Commonwealth while rendering aid outside of the Commonwealth pursuant to a request, approved by the Commonwealth, under the Emergency Management Assistance Compact enacted pursuant to \u00a7 44-146.28:1<\/a>.\n\t\t\tj. Members of the governing body of any county, city, or town in the Commonwealth, whenever coverage under this title is extended to such members by resolution or ordinance<\/span> duly adopted.\n\t\t\tk. Volunteers, officers and employees of any commission<\/span> or board of any authority created or controlled by a local governing body, or any local agency or public service corporation owned, operated or controlled by such local governing body, whenever coverage under this title is authorized by resolution or ordinance<\/span> duly adopted by the governing board of any county, city, town, or any political subdivision thereof.\n\t\t\tl. Except as provided in subdivision 2 of this definition, volunteer firefighters, volunteer emergency medical services agency personnel, volunteer law<\/span>-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations, volunteer members of regional hazardous materials<\/span> emergency response teams, volunteer members of community emergency response teams, and volunteer members of medical reserve corps, who shall be deemed employees of (i) the political subdivision or public institution of higher education in which the principal office of such volunteer fire company, volunteer emergency medical services agency personnel, volunteer law<\/span>-enforcement chaplains, auxiliary or reserve police force, auxiliary or reserve deputy sheriff force, volunteer search and rescue organization, regional hazardous materials<\/span> emergency response team, community emergency response team, or medical reserve corps is located if the governing body of such political subdivision or public institution of higher education has adopted a resolution acknowledging those persons as employees for the purposes of this title or (ii) in the case of volunteer firefighters or volunteer emergency medical services personnel, the fire companies or emergency medical services agencies for which volunteer services are provided whenever such companies or squads elect to be included as an employer under this title.\n\t\t\tm. (1) Volunteer firefighters, volunteer emergency medical services agency personnel, volunteer law<\/span>-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, members of volunteer search and rescue organizations and any other persons who respond to an incident upon request of the Department of Emergency Management, who shall be deemed employees of the Department of Emergency Management for the purposes of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Volunteer firefighters when engaged in firefighting activities under the supervision and control of the Department of Forestry, who shall be deemed employees of the Department of Forestry for the purposes of this title.\n\t\t\t\tn. Any sole proprietor, shareholder of a stock corporation having only one shareholder, member of a limited liability company having only one member, or all partners of a business electing to be included as an employee under the workers’ compensation coverage of such business if the insurer is notified of this election. Any sole proprietor, shareholder or member or the partners shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this title.\n\t\t\t\tWhen any partner or sole shareholder, member or proprietor is entitled to receive coverage under this title, such person shall be subject to all provisions of this title as if he were an employee; however, the notices required under §§ 65.2-405<\/a> and 65.2-600<\/a> shall be given to the insurance carrier, and the panel<\/span> of physicians required under § 65.2-603<\/a> shall be selected by the insurance carrier.\n\t\t\t\to. The independent contractor of any employer subject to this title at the election of such employer provided (i) the independent contractor agrees to such inclusion and (ii) unless the employer is self-insured, the employer’s insurer agrees in writing to such inclusion. All or part of the cost of the insurance coverage of the independent contractor may be borne by the independent contractor.\n\t\t\t\tWhen any independent contractor is entitled to receive coverage under this section, such person shall be subject to all provisions of this title as if he were an employee, provided that the notices required under §§ 65.2-405<\/a> and 65.2-600<\/a> are given either to the employer or its insurance carrier.\n\t\t\t\tHowever, nothing in this title shall be construed to make the employees of any independent contractor the employees of the person or corporation employing or contracting with such independent contractor.\n\t\t\t\tp. The legal representative, dependents and any other persons to whom compensation may be payable when any person covered as an employee under this title shall be deceased.\n\t\t\t\tq. Jail officers and jail superintendents employed by regional jails or jail farm boards or authorities, whether created pursuant to Article 3.1 (§ 53.1-95.2<\/a> et seq.) or Article 5 (§ 53.1-105<\/a> et seq.) of Chapter 3 of Title 53.1, or an act of assembly.\n\t\t\t\tr. AmeriCorps members who receive stipends in return for volunteering in local, state and nonprofit agencies in the Commonwealth, who shall be deemed employees of the Commonwealth for the purposes of this title.\n\t\t\t\ts. Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program, who shall be deemed employees of the Commonwealth for the purposes of this title.\n\t\t\t\tt. Temporary Assistance for Needy Families recipients not eligible for Medicaid participating in the work experience component of the Virginia Initiative for Education and Work, who shall be deemed employees of the Commonwealth for the purposes of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Employee” shall not mean:\n\t\t\ta. Officers and employees of the Commonwealth who are elected by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate. This exception shall not apply to any “state employee” as defined in \u00a7 51.1-124.3<\/a> nor to Supreme Court<\/span> Justices, judges<\/span> of the Court<\/span> of Appeals<\/span>, judges<\/span> of the circuit<\/span> or district courts<\/span>, members of the Workers’ Compensation Commission<\/span> and the State Corporation Commission<\/span>, or the Superintendent of State Police.\n\t\t\tb. Officers and employees of municipal corporations and political subdivisions of the Commonwealth who are elected by the people or by the governing bodies, and who act in purely administrative capacities and are to serve for a definite term of office.\n\t\t\tc. Any person who is a licensed real estate salesperson, or a licensed real estate broker associated with a real estate broker, if (i) substantially all of the salesperson’s or associated broker’s remuneration is derived from real estate commissions<\/span>, (ii) the services of the salesperson or associated broker are performed under a written contract<\/span> specifying that the salesperson is an independent contractor, and (iii) such contract<\/span> includes a provision that the salesperson or associated broker will not be treated as an employee for federal income tax purposes.\n\t\t\td. Any taxicab or executive sedan driver, provided the Commission<\/span> is furnished evidence<\/span> that such individual is excluded from taxation by the Federal Unemployment Tax Act.\n\t\t\te. Casual employees.\n\t\t\tf. Domestic servants.\n\t\t\tg. Farm and horticultural laborers, unless the employer regularly has in service more than three full-time employees.\n\t\t\th. Employees of any person, firm or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this Commonwealth, unless such employees and their employers<\/span> voluntarily elect to be bound by this title. However, this exemption shall not apply to the operators of underground coal mines or their employees. An executive officer<\/span> who is not paid salary or wages on a regular basis at an agreed upon amount and who rejects coverage under this title pursuant to \u00a7 65.2-300<\/a> shall not be included as an employee for purposes of this subdivision.\n\t\t\ti. Employees of any common carrier by railroad engaging in commerce between any of the several states or territories or between the District of Columbia and any of the states or territories and any foreign nation or nations, and any person suffering injury<\/span> or death while he is employed by such carrier in such commerce. This title shall not be construed to lessen the liability of any such common carrier or to diminish or take away in any respect any right that any person so employed, or the personal representative, kindred or relation, or dependent of such person, may have under the act of Congress relating to the liability of common carriers by railroad to their employees in certain cases, approved April 22, 1908, or under \u00a7\u00a7 8.01-57<\/a> through 8.01-62<\/a> or \u00a7 56-441<\/a>.\n\t\t\tj. Employees of common carriers by railroad who are engaged in intrastate trade or commerce. However, this title shall not be construed to lessen the liability of such common carriers or take away or diminish any right that any employee or, in case of his death, the personal representative of such employee of such common carrier may have under \u00a7\u00a7 8.01-57<\/a> through 8.01-61<\/a> or \u00a7 56-441<\/a>.\n\t\t\tk. Except as provided in subdivision 1 of this definition, a member of a volunteer fire department or volunteer emergency medical services agency when engaged in activities related principally to participation as an individual who meets the definition of “emergency medical services personnel” in \u00a7 32.1-111.1<\/a> or a member of such fire department whether or not the volunteer continues to receive compensation from his employer for time away from the job.\n\t\t\tl. Except as otherwise provided in this title, noncompensated employees and noncompensated directors of (i) corporations exempt from taxation pursuant to \u00a7 501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) or (ii) property owners’ associations as defined in \u00a7 55.1-1800<\/a>.\n\t\t\tm. Any person performing services as a sports official<\/span> for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official<\/span> for a public entity or a private, nonprofit organization which sponsors an amateur sports event. For the purposes of this subdivision, “sports official<\/span>” includes an umpire, referee, judge<\/span>, scorekeeper, timekeeper or other person who is a neutral participant in a sports event. This shall not include any person, otherwise employed by an organization or entity sponsoring a sports event, who performs services as a sports official<\/span> as part of his regular employment.\n\t\t\tn. Any person who suffers an injury<\/span> on or after July 1, 2012, for which there is jurisdiction<\/span> under either the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et seq. However, this title shall not be construed to eliminate or diminish any right that any person or, in the case of the person’s death, his personal representative, may have under either the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et seq.\n\t\t\to. An owner-operator of a motor vehicle that is leased with or to a common or contract<\/span> carrier in the trucking industry if (i) the owner-operator performs services for the carrier pursuant to a contract<\/span> that provides that the owner-operator is an independent contractor and shall not be treated as an employee for purposes of the Federal Insurance Contributions Act, 26 U.S.C. \u00a7 3101 et seq., Social Security Act of 1935, P.L. 74-271, federal unemployment tax laws<\/span>, and federal income tax laws<\/span> and (ii) each of the following factors is present: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The owner-operator is responsible for the maintenance of the vehicle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The owner-operator bears the principal burden of the vehicle’s operating costs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The owner-operator is the driver; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The owner-operator’s compensation is based on factors related to the work performed and not on the basis of hours or time expended; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The owner-operator determines the method and means of performing the service.\n\t\t\t\t“Employer” includes (i) any person, the Commonwealth or any political subdivision thereof and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay and (ii) any volunteer fire company or volunteer emergency medical services agency electing to be included and maintaining coverage as an employer under this title. If the employer is insured, it includes his insurer so far as applicable.\n\t\t\t\t“Executive officer<\/span>” means (i) the president, vice-president, secretary, treasurer or other officer elected or appointed in accordance with the charter and bylaws of a corporation and (ii) the managers elected or appointed in accordance with the articles of organization or operating agreement of a limited liability company. However, “executive officer<\/span>” does not include (a) noncompensated officers of corporations exempt from taxation pursuant to § 501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) or (b) noncompensated officers of a property owners’ association as such term is defined in § 55.1-1800<\/a>.\n\t\t\t\t“Filed<\/span>” means hand delivered to the Commission<\/span>’s office in Richmond or any regional office maintained by the Commission<\/span>; sent by means of electronic transmission approved by the Commission<\/span>; sent by facsimile transmission; or posted at any post office of the United States Postal Service by certified or registered mail. Filing by first-class mail, electronic transmission, or facsimile transmission shall be deemed completed only when the document or other material<\/span> transmitted reaches the Commission<\/span> or its designated agent.\n\t\t\t\t“Injury<\/span>” means only injury<\/span> by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ 65.2-400<\/a> et seq.) and does not include a disease in any form, except when it results naturally and unavoidably from either of the foregoing causes. Such term shall not include any injury<\/span>, disease or condition resulting from an employee’s voluntary: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Participation in employer-sponsored off-duty recreational activities which are not part of the employee’s duties; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Use of a motor vehicle that was provided to the employee by a motor vehicle dealer as defined by § 46.2-1500<\/a> and bears a dealer’s license plate as defined by § 46.2-1550<\/a> for (i) commuting to or from work or (ii) any other nonwork activity.\n\t\t\tSuch term shall include any injury<\/span>, disease or condition: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Arising out of and in the course of the employment of (a) an employee of a hospital as defined in § 32.1-123<\/a>; (b) an employee of a health care provider as defined in § 8.01-581.1<\/a>; (c) an employee of the Department of Health or a local department of health; (d) a member of a search and rescue organization; or (e) any person described in clauses (i) through (iv), (vi), and (ix) of subsection A of § 65.2-402.1<\/a> otherwise subject to the provisions of this title; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Resulting from (a) the administration of vaccinia (smallpox) vaccine, Cidofivir and derivatives thereof, or Vaccinia Immune Globulin as part of federally initiated smallpox countermeasures, or (b) transmission of vaccinia in the course of employment from an employee participating in such countermeasures to a coemployee<\/span> of the same employer.\n\t\t\t“Professional employer organization<\/span>” means any person that enters into a written agreement with a client company<\/span> to provide professional employer services<\/span>.\n\t\t\t“Professional employer services<\/span>” means services provided to a client company<\/span> pursuant to a written agreement with a professional employer organization<\/span> whereby the professional employer organization<\/span> initially employs all or a majority of a client company<\/span>’s workforce and assumes responsibilities as an employer for all coemployees<\/span> that are assigned, allocated, or shared by the agreement between the professional employer organization<\/span> and the client company<\/span>.\n\t\t\t“Staffing service<\/span>” means any person, other than a professional employer organization<\/span>, that hires its own employees and assigns them to a client to support or supplement the client’s workforce. It includes temporary staffing services<\/span> that supply employees to clients in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 65.2-101)\n\nAs used in this title:\n\t\t“Average weekly wage” means:\n\n1. a. The earnings of the injured employee in the employment in which he was\nworking at the time of the injury during the period of 52 weeks immediately\npreceding the date of the injury, divided by 52; but if the injured employee\nlost more than seven consecutive calendar days during such period, although not\nin the same week, then the earnings for the remainder of the 52 weeks shall be\ndivided by the number of weeks remaining after the time so lost has been\ndeducted. When the employment prior to the injury extended over a period of less\nthan 52 weeks, the method of dividing the earnings during that period by the\nnumber of weeks and parts thereof during which the employee earned wages shall\nbe followed, provided that results fair and just to both parties will be thereby\nobtained. When, by reason of a shortness of time during which the employee has\nbeen in the employment of his employer or the casual nature or terms of his\nemployment, it is impractical to compute the average weekly wages as above\ndefined, regard shall be had to the average weekly amount which during the 52\nweeks previous to the injury was being earned by a person of the same grade and\ncharacter employed in the same class of employment in the same locality or\ncommunity.\n\t\t\tb. When for exceptional reasons the foregoing would be unfair either to the\nemployer or employee, such other method of computing average weekly wages may be\nresorted to as will most nearly approximate the amount which the injured\nemployee would be earning were it not for the injury.\n\n2. Whenever allowances of any character made to an employee in lieu of wages are\na specified part of the wage contract, they shall be deemed a part of his\nearnings. For the purpose of this title, the average weekly wage of the members\nof the Virginia National Guard and the Virginia Defense Force, registered\nmembers on duty or in training of the United States Civil Defense Corps of the\nCommonwealth, volunteer firefighters engaged in firefighting activities under\nthe supervision and control of the Department of Forestry, and forest wardens\nshall be deemed to be such amount as will entitle them to the maximum\ncompensation payable under this title; however, any award entered under the\nprovisions of this title on behalf of members of the National Guard or their\ndependents, or registered members on duty or in training of the United States\nCivil Defense Corps of the Commonwealth or their dependents, shall be subject to\ncredit for benefits paid them under existing or future federal law on account of\ninjury or occupational disease covered by the provisions of this title.\n\n3. Whenever volunteer firefighters, volunteer emergency medical services\npersonnel, volunteer law-enforcement chaplains, auxiliary or reserve police,\nauxiliary or reserve deputy sheriffs, members of volunteer search and rescue\norganizations, volunteer members of community emergency response teams, and\nvolunteer members of medical reserve corps are deemed employees under this\ntitle, their average weekly wage shall be deemed sufficient to produce the\nminimum compensation provided by this title for injured workers or their\ndependents. For the purposes of workers’ compensation insurance premium\ncalculations, the monthly payroll for each volunteer firefighter or volunteer\nwho is an individual who meets the definition of “emergency medical\nservices personnel” in § 32.1-111.1 shall be deemed to be $300.\n\n4. The average weekly wage of persons, other than those covered in subdivision 3\nof this definition, who respond to a hazardous materials incident at the request\nof the Department of Emergency Management shall be based upon the earnings of\nsuch persons from their primary employers.\n\t\t\t“Award” means the grant or denial of benefits or other relief\nunder this title or any rule adopted pursuant thereto.\n\t\t\t“Change in condition” means a change in physical condition of the\nemployee as well as any change in the conditions under which compensation was\nawarded, suspended, or terminated which would affect the right to, amount of, or\nduration of compensation.\n\t\t\t“Client company” means any person that enters into an agreement\nfor professional employer services with a professional employer organization.\n\t\t\t“Coemployee” means an employee performing services pursuant to an\nagreement for professional employer services between a client company and a\nprofessional employer organization.\n\t\t\t“Commission” means the Virginia Workers’ Compensation\nCommission as well as its former designation as the Virginia Industrial\nCommission.\n\t\t\t“Employee” means:\n\n1. a. Every person, including aliens and minors, in the service of another under\nany contract of hire or apprenticeship, written or implied, whether lawfully or\nunlawfully employed, except (i) one whose employment is not in the usual course\nof the trade, business, occupation or profession of the employer or (ii) as\notherwise provided in subdivision 2 of this definition.\n\t\t\tb. Any apprentice, trainee, or retrainee who is regularly employed while\nreceiving training or instruction outside of regular working hours and off the\njob, so long as the training or instruction is related to his employment and is\nauthorized by his employer.\n\t\t\tc. Members of the Virginia National Guard, whether on duty in a paid or\nunpaid status or when performing voluntary service to their unit in a nonduty\nstatus at the request of their commander.\n\t\t\tIncome benefits for members of the National Guard shall be terminated when\nthey are able to return to their customary civilian employment or\nself-employment. If they are neither employed nor self-employed, those benefits\nshall terminate when they are able to return to their military duties. If a\nmember of the National Guard who is fit to return to his customary civilian\nemployment or self-employment remains unable to perform his military duties and\nthereby suffers loss of military pay which he would otherwise have earned, he\nshall be entitled to one day of income benefits for each unit training assembly\nor day of paid training which he is unable to attend.\n\t\t\td. Members of the Virginia Defense Force.\n\t\t\te. Registered members of the United States Civil Defense Corps of the\nCommonwealth, whether on duty or in training.\n\t\t\tf. Except as provided in subdivision 2 of this definition, all officers and\nemployees of the Commonwealth, including (i) forest wardens; (ii) judges,\nclerks, deputy clerks and employees of juvenile and domestic relations district\ncourts and general district courts; and (iii) secretaries and administrative\nassistants for officers and members of the General Assembly employed pursuant to\n\u00a7 30-19.4 and compensated as provided in the general appropriation act, who\nshall be deemed employees of the Commonwealth.\n\t\t\tg. Except as provided in subdivision 2 of this definition, all officers and\nemployees of a municipal corporation or political subdivision of the\nCommonwealth.\n\t\t\th. Except as provided in subdivision 2 of this definition, (i) every\nexecutive officer, including president, vice-president, secretary, treasurer or\nother officer, elected or appointed in accordance with the charter and bylaws of\na corporation, municipal or otherwise and (ii) every manager of a limited\nliability company elected or appointed in accordance with the articles of\norganization or operating agreement of the limited liability company.\n\t\t\ti. Policemen and firefighters, sheriffs and their deputies, town sergeants\nand their deputies, county and city commissioners of the revenue, county and\ncity treasurers, attorneys for the Commonwealth, clerks of circuit courts and\ntheir deputies, officers and employees, and electoral board members appointed in\naccordance with \u00a7 24.2-106, who shall be deemed employees of the respective\ncities, counties and towns in which their services are employed and by whom\ntheir salaries are paid or in which their compensation is earnable. However,\nnotwithstanding the foregoing provision of this subdivision, such individuals\nwho would otherwise be deemed to be employees of the city, county, or town in\nwhich their services are employed and by whom their salaries are paid or in\nwhich their compensation is earnable shall be deemed to be employees of the\nCommonwealth while rendering aid outside of the Commonwealth pursuant to a\nrequest, approved by the Commonwealth, under the Emergency Management Assistance\nCompact enacted pursuant to \u00a7 44-146.28:1.\n\t\t\tj. Members of the governing body of any county, city, or town in the\nCommonwealth, whenever coverage under this title is extended to such members by\nresolution or ordinance duly adopted.\n\t\t\tk. Volunteers, officers and employees of any commission or board of any\nauthority created or controlled by a local governing body, or any local agency\nor public service corporation owned, operated or controlled by such local\ngoverning body, whenever coverage under this title is authorized by resolution\nor ordinance duly adopted by the governing board of any county, city, town, or\nany political subdivision thereof.\n\t\t\tl. Except as provided in subdivision 2 of this definition, volunteer\nfirefighters, volunteer emergency medical services agency personnel, volunteer\nlaw-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve\ndeputy sheriffs, members of volunteer search and rescue organizations, volunteer\nmembers of regional hazardous materials emergency response teams, volunteer\nmembers of community emergency response teams, and volunteer members of medical\nreserve corps, who shall be deemed employees of (i) the political subdivision or\npublic institution of higher education in which the principal office of such\nvolunteer fire company, volunteer emergency medical services agency personnel,\nvolunteer law-enforcement chaplains, auxiliary or reserve police force,\nauxiliary or reserve deputy sheriff force, volunteer search and rescue\norganization, regional hazardous materials emergency response team, community\nemergency response team, or medical reserve corps is located if the governing\nbody of such political subdivision or public institution of higher education has\nadopted a resolution acknowledging those persons as employees for the purposes\nof this title or (ii) in the case of volunteer firefighters or volunteer\nemergency medical services personnel, the fire companies or emergency medical\nservices agencies for which volunteer services are provided whenever such\ncompanies or squads elect to be included as an employer under this title.\n\t\t\tm. (1) Volunteer firefighters, volunteer emergency medical services agency\npersonnel, volunteer law-enforcement chaplains, auxiliary or reserve police,\nauxiliary or reserve deputy sheriffs, members of volunteer search and rescue\norganizations and any other persons who respond to an incident upon request of\nthe Department of Emergency Management, who shall be deemed employees of the\nDepartment of Emergency Management for the purposes of this title.\n\n 2. Volunteer firefighters when engaged in firefighting activities under the\n supervision and control of the Department of Forestry, who shall be deemed\n employees of the Department of Forestry for the purposes of this title.\n \t\t\t\tn. Any sole proprietor, shareholder of a stock corporation having only one\n shareholder, member of a limited liability company having only one member, or\n all partners of a business electing to be included as an employee under the\n workers’ compensation coverage of such business if the insurer is\n notified of this election. Any sole proprietor, shareholder or member or the\n partners shall, upon such election, be entitled to employee benefits and be\n subject to employee responsibilities prescribed in this title.\n \t\t\t\tWhen any partner or sole shareholder, member or proprietor is entitled to\n receive coverage under this title, such person shall be subject to all\n provisions of this title as if he were an employee; however, the notices\n required under §§ 65.2-405 and 65.2-600 shall be given to the\n insurance carrier, and the panel of physicians required under § 65.2-603\n shall be selected by the insurance carrier.\n \t\t\t\to. The independent contractor of any employer subject to this title at the\n election of such employer provided (i) the independent contractor agrees to\n such inclusion and (ii) unless the employer is self-insured, the\n employer’s insurer agrees in writing to such inclusion. All or part of\n the cost of the insurance coverage of the independent contractor may be borne\n by the independent contractor.\n \t\t\t\tWhen any independent contractor is entitled to receive coverage under this\n section, such person shall be subject to all provisions of this title as if he\n were an employee, provided that the notices required under §§\n 65.2-405 and 65.2-600 are given either to the employer or its insurance\n carrier.\n \t\t\t\tHowever, nothing in this title shall be construed to make the employees of\n any independent contractor the employees of the person or corporation\n employing or contracting with such independent contractor.\n \t\t\t\tp. The legal representative, dependents and any other persons to whom\n compensation may be payable when any person covered as an employee under this\n title shall be deceased.\n \t\t\t\tq. Jail officers and jail superintendents employed by regional jails or\n jail farm boards or authorities, whether created pursuant to Article 3.1\n (§ 53.1-95.2 et seq.) or Article 5 (§ 53.1-105 et seq.) of Chapter 3\n of Title 53.1, or an act of assembly.\n \t\t\t\tr. AmeriCorps members who receive stipends in return for volunteering in\n local, state and nonprofit agencies in the Commonwealth, who shall be deemed\n employees of the Commonwealth for the purposes of this title.\n \t\t\t\ts. Food Stamp recipients participating in the work experience component of\n the Food Stamp Employment and Training Program, who shall be deemed employees\n of the Commonwealth for the purposes of this title.\n \t\t\t\tt. Temporary Assistance for Needy Families recipients not eligible for\n Medicaid participating in the work experience component of the Virginia\n Initiative for Education and Work, who shall be deemed employees of the\n Commonwealth for the purposes of this title.\n\n2. “Employee” shall not mean:\n\t\t\ta. Officers and employees of the Commonwealth who are elected by the General\nAssembly, or appointed by the Governor, either with or without the confirmation\nof the Senate. This exception shall not apply to any “state\nemployee” as defined in \u00a7 51.1-124.3 nor to Supreme Court Justices,\njudges of the Court of Appeals, judges of the circuit or district courts,\nmembers of the Workers’ Compensation Commission and the State Corporation\nCommission, or the Superintendent of State Police.\n\t\t\tb. Officers and employees of municipal corporations and political\nsubdivisions of the Commonwealth who are elected by the people or by the\ngoverning bodies, and who act in purely administrative capacities and are to\nserve for a definite term of office.\n\t\t\tc. Any person who is a licensed real estate salesperson, or a licensed real\nestate broker associated with a real estate broker, if (i) substantially all of\nthe salesperson’s or associated broker’s remuneration is derived\nfrom real estate commissions, (ii) the services of the salesperson or associated\nbroker are performed under a written contract specifying that the salesperson is\nan independent contractor, and (iii) such contract includes a provision that the\nsalesperson or associated broker will not be treated as an employee for federal\nincome tax purposes.\n\t\t\td. Any taxicab or executive sedan driver, provided the Commission is\nfurnished evidence that such individual is excluded from taxation by the Federal\nUnemployment Tax Act.\n\t\t\te. Casual employees.\n\t\t\tf. Domestic servants.\n\t\t\tg. Farm and horticultural laborers, unless the employer regularly has in\nservice more than three full-time employees.\n\t\t\th. Employees of any person, firm or private corporation, including any public\nservice corporation, that has regularly in service less than three employees in\nthe same business within this Commonwealth, unless such employees and their\nemployers voluntarily elect to be bound by this title. However, this exemption\nshall not apply to the operators of underground coal mines or their employees.\nAn executive officer who is not paid salary or wages on a regular basis at an\nagreed upon amount and who rejects coverage under this title pursuant to \u00a7\n65.2-300 shall not be included as an employee for purposes of this subdivision.\n\t\t\ti. Employees of any common carrier by railroad engaging in commerce between\nany of the several states or territories or between the District of Columbia and\nany of the states or territories and any foreign nation or nations, and any\nperson suffering injury or death while he is employed by such carrier in such\ncommerce. This title shall not be construed to lessen the liability of any such\ncommon carrier or to diminish or take away in any respect any right that any\nperson so employed, or the personal representative, kindred or relation, or\ndependent of such person, may have under the act of Congress relating to the\nliability of common carriers by railroad to their employees in certain cases,\napproved April 22, 1908, or under \u00a7\u00a7 8.01-57 through 8.01-62 or \u00a7 56-441.\n\t\t\tj. Employees of common carriers by railroad who are engaged in intrastate\ntrade or commerce. However, this title shall not be construed to lessen the\nliability of such common carriers or take away or diminish any right that any\nemployee or, in case of his death, the personal representative of such employee\nof such common carrier may have under \u00a7\u00a7 8.01-57 through 8.01-61 or \u00a7 56-441.\n\t\t\tk. Except as provided in subdivision 1 of this definition, a member of a\nvolunteer fire department or volunteer emergency medical services agency when\nengaged in activities related principally to participation as an individual who\nmeets the definition of “emergency medical services personnel” in \u00a7\n32.1-111.1 or a member of such fire department whether or not the volunteer\ncontinues to receive compensation from his employer for time away from the job.\n\t\t\tl. Except as otherwise provided in this title, noncompensated employees and\nnoncompensated directors of (i) corporations exempt from taxation pursuant to \u00a7\n501(c)(3) of Title 26 of the United States Code (Internal Revenue Code of 1954)\nor (ii) property owners’ associations as defined in \u00a7 55.1-1800.\n\t\t\tm. Any person performing services as a sports official for an entity\nsponsoring an interscholastic or intercollegiate sports event or any person\nperforming services as a sports official for a public entity or a private,\nnonprofit organization which sponsors an amateur sports event. For the purposes\nof this subdivision, “sports official” includes an umpire, referee,\njudge, scorekeeper, timekeeper or other person who is a neutral participant in a\nsports event. This shall not include any person, otherwise employed by an\norganization or entity sponsoring a sports event, who performs services as a\nsports official as part of his regular employment.\n\t\t\tn. Any person who suffers an injury on or after July 1, 2012, for which there\nis jurisdiction under either the Longshore and Harbor Workers’\nCompensation Act, 33 U.S.C. \u00a7 901 et seq., and its extensions, or the Merchant\nMarine Act of 1920, 46 U.S.C. \u00a7 30104 et seq. However, this title shall not be\nconstrued to eliminate or diminish any right that any person or, in the case of\nthe person’s death, his personal representative, may have under either the\nLongshore and Harbor Workers’ Compensation Act, 33 U.S.C. \u00a7 901 et seq.,\nand its extensions, or the Merchant Marine Act of 1920, 46 U.S.C. \u00a7 30104 et\nseq.\n\t\t\to. An owner-operator of a motor vehicle that is leased with or to a common or\ncontract carrier in the trucking industry if (i) the owner-operator performs\nservices for the carrier pursuant to a contract that provides that the\nowner-operator is an independent contractor and shall not be treated as an\nemployee for purposes of the Federal Insurance Contributions Act, 26 U.S.C. \u00a7\n3101 et seq., Social Security Act of 1935, P.L. 74-271, federal unemployment tax\nlaws, and federal income tax laws and (ii) each of the following factors is\npresent:\n\n 1. The owner-operator is responsible for the maintenance of the vehicle;\n\n 2. The owner-operator bears the principal burden of the vehicle’s\n operating costs;\n\n 3. The owner-operator is the driver;\n\n 4. The owner-operator’s compensation is based on factors related to the\n work performed and not on the basis of hours or time expended; and\n\n 5. The owner-operator determines the method and means of performing the\n service.\n \t\t\t\t“Employer” includes (i) any person, the Commonwealth or any\n political subdivision thereof and any individual, firm, association or\n corporation, or the receiver or trustee of the same, or the legal\n representative of a deceased employer, using the service of another for pay\n and (ii) any volunteer fire company or volunteer emergency medical services\n agency electing to be included and maintaining coverage as an employer under\n this title. If the employer is insured, it includes his insurer so far as\n applicable.\n \t\t\t\t“Executive officer” means (i) the president, vice-president,\n secretary, treasurer or other officer elected or appointed in accordance with\n the charter and bylaws of a corporation and (ii) the managers elected or\n appointed in accordance with the articles of organization or operating\n agreement of a limited liability company. However, “executive\n officer” does not include (a) noncompensated officers of corporations\n exempt from taxation pursuant to § 501(c)(3) of Title 26 of the United\n States Code (Internal Revenue Code of 1954) or (b) noncompensated officers of\n a property owners’ association as such term is defined in §\n 55.1-1800.\n \t\t\t\t“Filed” means hand delivered to the Commission’s office\n in Richmond or any regional office maintained by the Commission; sent by means\n of electronic transmission approved by the Commission; sent by facsimile\n transmission; or posted at any post office of the United States Postal Service\n by certified or registered mail. Filing by first-class mail, electronic\n transmission, or facsimile transmission shall be deemed completed only when\n the document or other material transmitted reaches the Commission or its\n designated agent.\n \t\t\t\t“Injury” means only injury by accident arising out of and in\n the course of the employment or occupational disease as defined in Chapter 4\n (§ 65.2-400 et seq.) and does not include a disease in any form, except\n when it results naturally and unavoidably from either of the foregoing causes.\n Such term shall not include any injury, disease or condition resulting from an\n employee’s voluntary:\n\n1. Participation in employer-sponsored off-duty recreational activities which\nare not part of the employee’s duties; or\n\n2. Use of a motor vehicle that was provided to the employee by a motor vehicle\ndealer as defined by § 46.2-1500 and bears a dealer’s license plate\nas defined by § 46.2-1550 for (i) commuting to or from work or (ii) any\nother nonwork activity.\n\t\t\tSuch term shall include any injury, disease or condition:\n\n1. Arising out of and in the course of the employment of (a) an employee of a\nhospital as defined in § 32.1-123; (b) an employee of a health care\nprovider as defined in § 8.01-581.1; (c) an employee of the Department of\nHealth or a local department of health; (d) a member of a search and rescue\norganization; or (e) any person described in clauses (i) through (iv), (vi), and\n(ix) of subsection A of § 65.2-402.1 otherwise subject to the provisions of\nthis title; and\n\n2. Resulting from (a) the administration of vaccinia (smallpox) vaccine,\nCidofivir and derivatives thereof, or Vaccinia Immune Globulin as part of\nfederally initiated smallpox countermeasures, or (b) transmission of vaccinia in\nthe course of employment from an employee participating in such countermeasures\nto a coemployee of the same employer.\n\t\t\t“Professional employer organization” means any person that enters\ninto a written agreement with a client company to provide professional employer\nservices.\n\t\t\t“Professional employer services” means services provided to a\nclient company pursuant to a written agreement with a professional employer\norganization whereby the professional employer organization initially employs\nall or a majority of a client company’s workforce and assumes\nresponsibilities as an employer for all coemployees that are assigned,\nallocated, or shared by the agreement between the professional employer\norganization and the client company.\n\t\t\t“Staffing service” means any person, other than a professional\nemployer organization, that hires its own employees and assigns them to a client\nto support or supplement the client’s workforce. It includes temporary\nstaffing services that supply employees to clients in special work situations\nsuch as employee absences, temporary skill shortages, seasonal workloads, and\nspecial assignments and projects.\n\nHISTORY: Code 1950, \u00a7\u00a7 65-2 through 65-7.1, 65-24, 65-25; 1952, c. 551; 1954,\nc. 246; 1956, cc. 283, 479; 1956, Ex. Sess., c. 53; 1958, c. 187; 1960, c. 149;\n1962, c. 530; 1964, c. 603; 1966, c. 200; 1968, c. 660, \u00a7\u00a7 65.1-2, 65.1-3,\n65.1-4, 65.1-5 through 65.1-8, 65.1-27, 65.1-28; 1970, c. 470; 1971, Ex. Sess.,\nc. 7; 1972, cc. 464, 619; 1973, cc. 297, 542; 1975, c. 330, \u00a7 65.1-4.1; 1976,\nc. 187; 1977, c. 326; 1978, cc. 41, 841; 1979, c. 80, \u00a7 65.1-2.1; 1980, c. 421,\n\u00a7 65.1-4.2; 1983, c. 346; 1984, cc. 388, 694, 703, \u00a7 65.1-4.3; 1987, cc. 213,\n308, \u00a7 65.1-4.4; 1988, c. 360; 1989, cc. 312, 319, 437, \u00a7\u00a7 65.1-4.5,\n65.1-4.6; 1990, c. 838, \u00a7 65.1-4.1:1; 1991, cc. 277, 354, 355; 1992, c. 12;\n1993, c. 280; 1994, cc. 271, 286, 526; 1995, cc. 4, 168, 272, 288; 1996, cc.\n250, 721; 1998, c. 52; 1999, c. 1006; 2000, cc. 301, 624, 718, 1018; 2002, c.\n69; 2003, c. 999; 2004, cc. 888, 928; 2005, cc. 354, 368, 374, 472; 2006, c.\n629; 2007, c. 475; 2010, cc. 158, 278; 2011, cc. 572, 586, 665; 2012, c. 654;\n2014, c. 209; 2015, cc. 13, 221, 442, 447, 502, 503; 2019, c. 210.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}