{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-300.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-300.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-300.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-300.html"}],"law_id":66375,"edition_id":1,"section_id":66375,"structure_id":14058,"section_number":"65.2-300","catch_line":"Presumption of acceptance of provisions of title; exemptions; notice and rejection","history":"Code 1950, \u00a7\u00a7 65-20, 65-22, 65-23, 65-34, 65-40; 1968, c. 660, \u00a7\u00a7 65.1-23, 65.1-25, 65.1-26, 65.1-37, 65.1-44; 1972, c. 619; 1973, c. 542; 1991, c. 355; 2000, c. 530.","full_text":"A\n\nEvery employer and employee, except as herein stated, shall be conclusively presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby. Except as otherwise provided herein, no contract or agreement, written or implied, and no rule, regulation or other device shall in any manner operate to relieve any employer in whole or in part of any obligation created by this title.B\n\nAn executive officer may reject coverage under this title for injury or death by accident, but not with respect to occupational disease, if prior to such accident, notice is given to the employer and filed with the Commission in the manner described herein.\n\t\t\tThe notice shall be in substantially the form prescribed by the Commission and shall be given by the executive officer by sending the same in a registered letter, addressed to the employer at his last known address or place of business, or by giving it personally to the employer or any of his agents upon whom a summons in a civil action may be served under the laws of the Commonwealth. A copy of the notice in prescribed form shall also be filed with the Commission. Such notice shall be effective as of the last to occur of (i) the date of the inception of the policy or (ii) the delivery of such notice to the employer as provided in this subsection.C\n\nAn executive officer who rejects coverage under this title shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this title, proceed at common law, and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant and assumption of risk, as such defenses exist at common law.D\n\nAn executive officer who has rejected coverage under this title may nevertheless by notice revoke such rejection and thereby accept coverage under the provisions of this title. A notice revoking such rejection shall be given to the employer and a copy filed with the Commission in the manner provided for rejecting such coverage. Coverage under this title shall not be extended to injuries that occur within five days of the giving of such notice.","order_by":null,"text":{"0":{"id":240965,"text":"Every employer and employee, except as herein stated, shall be conclusively presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby. Except as otherwise provided herein, no contract or agreement, written or implied, and no rule, regulation or other device shall in any manner operate to relieve any employer in whole or in part of any obligation created by this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240966,"text":"An executive officer may reject coverage under this title for injury or death by accident, but not with respect to occupational disease, if prior to such accident, notice is given to the employer and filed with the Commission in the manner described herein.\n\t\t\tThe notice shall be in substantially the form prescribed by the Commission and shall be given by the executive officer by sending the same in a registered letter, addressed to the employer at his last known address or place of business, or by giving it personally to the employer or any of his agents upon whom a summons in a civil action may be served under the laws of the Commonwealth. A copy of the notice in prescribed form shall also be filed with the Commission. Such notice shall be effective as of the last to occur of (i) the date of the inception of the policy or (ii) the delivery of such notice to the employer as provided in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240967,"text":"An executive officer who rejects coverage under this title shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this title, proceed at common law, and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant and assumption of risk, as such defenses exist at common law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240968,"text":"An executive officer who has rejected coverage under this title may nevertheless by notice revoke such rejection and thereby accept coverage under the provisions of this title. A notice revoking such rejection shall be given to the employer and a copy filed with the Commission in the manner provided for rejecting such coverage. Coverage under this title shall not be extended to injuries that occur within five days of the giving of such notice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14058,"edition_id":1,"name":"Application and Effect of Title","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:46:44","date_modified":"2026-06-26 03:46:44","permalink":{"id":276285,"object_type":"structure","relational_id":14058,"identifier":"3","token":"65.2\/3","url":"\/65.2\/3\/","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":66375,"structure_id":14058,"section_number":"65.2-300","catch_line":"Presumption of acceptance of provisions of title; exemptions; notice and rejection","url":"\/65.2-300\/","token":"65.2\/3\/65.2-300","metadata":false},{"id":67062,"structure_id":14058,"section_number":"65.2-301","catch_line":"Victims of sexual assault","url":"\/65.2-301\/","token":"65.2\/3\/65.2-301","metadata":false},{"id":73641,"structure_id":14058,"section_number":"65.2-301.1","catch_line":"Public safety officers","url":"\/65.2-301.1\/","token":"65.2\/3\/65.2-301.1","metadata":false},{"id":67137,"structure_id":14058,"section_number":"65.2-301.2","catch_line":"Employee classification; disaster; personal protective equipment not considered","url":"\/65.2-301.2\/","token":"65.2\/3\/65.2-301.2","metadata":false},{"id":77702,"structure_id":14058,"section_number":"65.2-302","catch_line":"Statutory employer","url":"\/65.2-302\/","token":"65.2\/3\/65.2-302","metadata":false},{"id":65088,"structure_id":14058,"section_number":"65.2-303","catch_line":"Recovery from subcontractor; proceedings against owner or contractor","url":"\/65.2-303\/","token":"65.2\/3\/65.2-303","metadata":false},{"id":80625,"structure_id":14058,"section_number":"65.2-304","catch_line":"Indemnity of principal from subcontractor","url":"\/65.2-304\/","token":"65.2\/3\/65.2-304","metadata":false},{"id":77522,"structure_id":14058,"section_number":"65.2-305","catch_line":"Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer","url":"\/65.2-305\/","token":"65.2\/3\/65.2-305","metadata":false},{"id":80715,"structure_id":14058,"section_number":"65.2-306","catch_line":"When compensation not allowed for injury or death; burden of proof","url":"\/65.2-306\/","token":"65.2\/3\/65.2-306","metadata":false},{"id":55160,"structure_id":14058,"section_number":"65.2-307","catch_line":"Employee's rights under Act exclude all others; exception","url":"\/65.2-307\/","token":"65.2\/3\/65.2-307","metadata":false},{"id":73961,"structure_id":14058,"section_number":"65.2-308","catch_line":"Discharge of employee for exercising rights prohibited; civil action; relief","url":"\/65.2-308\/","token":"65.2\/3\/65.2-308","metadata":false},{"id":86684,"structure_id":14058,"section_number":"65.2-309","catch_line":"Lien against settlement proceeds or verdict in third party suit; subrogation of employer to employee's rights against third parties; evidence; recovery; compromise","url":"\/65.2-309\/","token":"65.2\/3\/65.2-309","metadata":false},{"id":80132,"structure_id":14058,"section_number":"65.2-309.1","catch_line":"Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer","url":"\/65.2-309.1\/","token":"65.2\/3\/65.2-309.1","metadata":false},{"id":80584,"structure_id":14058,"section_number":"65.2-310","catch_line":"Protection of employer when employee sues third party","url":"\/65.2-310\/","token":"65.2\/3\/65.2-310","metadata":false},{"id":84625,"structure_id":14058,"section_number":"65.2-311","catch_line":"Expenses and attorney's fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-311\/","token":"65.2\/3\/65.2-311","metadata":false},{"id":55604,"structure_id":14058,"section_number":"65.2-312","catch_line":"False statements, representations, etc., in connection with an award; penalties","url":"\/65.2-312\/","token":"65.2\/3\/65.2-312","metadata":false},{"id":66572,"structure_id":14058,"section_number":"65.2-313","catch_line":"Method of determining employer's offset in event of recovery under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-313\/","token":"65.2\/3\/65.2-313","metadata":false}],"next_section":{"id":67062,"structure_id":14058,"section_number":"65.2-301","catch_line":"Victims of sexual assault","url":"\/65.2-301\/","token":"65.2\/3\/65.2-301","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-300\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1968, chapter 660; in 1972, chapter 619; in 1973, chapter 542; in 1991, chapter 355; in 2000, chapter 530<\/a>.<\/p>","references":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":77522,"section_number":"65.2-305","catch_line":"Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer","order_by":null,"url":"\/65.2-305\/"}],"refers_to":false,"permalink":{"id":276287,"object_type":"law","relational_id":66375,"identifier":"65.2-300","token":"65.2\/3\/65.2-300","url":"\/65.2-300\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-300\/","token":"65.2\/3\/65.2-300","dublin_core":{"Title":"Presumption of acceptance of provisions of title; exemptions; notice and rejection","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-300","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every employer<\/span> and employee, except as herein stated, shall be conclusively presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury<\/span> or death by accident arising out of and in the course of the employment and shall be bound thereby. Except as otherwise provided herein, no contract<\/span> or agreement, written or implied, and no rule, regulation or other device shall in any manner operate to relieve any employer<\/span> in whole or in part of any obligation created by this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An executive officer<\/span> may reject coverage under this title for injury<\/span> or death by accident, but not with respect to occupational disease, if prior to such accident, notice is given to the employer<\/span> and filed<\/span> with the Commission<\/span> in the manner described herein.\n\t\t\tThe notice shall be in substantially the form prescribed by the Commission<\/span> and shall be given by the executive officer<\/span> by sending the same in a registered letter, addressed to the employer<\/span> at his last known address or place of business, or by giving it personally to the employer<\/span> or any of his agents upon whom a summons<\/span> in a civil action<\/span> may be served under the laws<\/span> of the Commonwealth. A copy of the notice in prescribed form shall also be filed<\/span> with the Commission<\/span>. Such notice shall be effective as of the last to occur of (i) the date of the inception of the policy or (ii) the delivery of such notice to the employer<\/span> as provided in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An executive officer<\/span> who rejects coverage under this title shall, in any action to recover damages<\/span> for personal injury<\/span> or death brought against an employer<\/span> accepting the compensation provisions of this title, proceed at common law<\/span>, and the employer<\/span> may avail himself of the defenses of contributory negligence<\/span>, negligence<\/span> of a fellow servant and assumption of risk, as such defenses exist at common law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An executive officer<\/span> who has rejected coverage under this title may nevertheless by notice revoke such rejection and thereby accept coverage under the provisions of this title. A notice revoking such rejection shall be given to the employer<\/span> and a copy filed<\/span> with the Commission<\/span> in the manner provided for rejecting such coverage. Coverage under this title shall not be extended to injuries that occur within five days of the giving of such notice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTION OF ACCEPTANCE OF PROVISIONS OF TITLE; EXEMPTIONS; NOTICE AND\nREJECTION (\u00a7 65.2-300)\n\nA. Every employer and employee, except as herein stated, shall be conclusively\npresumed to have accepted the provisions of this title respectively to pay and\naccept compensation for personal injury or death by accident arising out of and\nin the course of the employment and shall be bound thereby. Except as otherwise\nprovided herein, no contract or agreement, written or implied, and no rule,\nregulation or other device shall in any manner operate to relieve any employer\nin whole or in part of any obligation created by this title.\n\nB. An executive officer may reject coverage under this title for injury or death\nby accident, but not with respect to occupational disease, if prior to such\naccident, notice is given to the employer and filed with the Commission in the\nmanner described herein.\n\t\t\tThe notice shall be in substantially the form prescribed by the Commission\nand shall be given by the executive officer by sending the same in a registered\nletter, addressed to the employer at his last known address or place of\nbusiness, or by giving it personally to the employer or any of his agents upon\nwhom a summons in a civil action may be served under the laws of the\nCommonwealth. A copy of the notice in prescribed form shall also be filed with\nthe Commission. Such notice shall be effective as of the last to occur of (i)\nthe date of the inception of the policy or (ii) the delivery of such notice to\nthe employer as provided in this subsection.\n\nC. An executive officer who rejects coverage under this title shall, in any\naction to recover damages for personal injury or death brought against an\nemployer accepting the compensation provisions of this title, proceed at common\nlaw, and the employer may avail himself of the defenses of contributory\nnegligence, negligence of a fellow servant and assumption of risk, as such\ndefenses exist at common law.\n\nD. An executive officer who has rejected coverage under this title may\nnevertheless by notice revoke such rejection and thereby accept coverage under\nthe provisions of this title. A notice revoking such rejection shall be given to\nthe employer and a copy filed with the Commission in the manner provided for\nrejecting such coverage. Coverage under this title shall not be extended to\ninjuries that occur within five days of the giving of such notice.\n\nHISTORY: Code 1950, \u00a7\u00a7 65-20, 65-22, 65-23, 65-34, 65-40; 1968, c. 660, \u00a7\u00a7\n65.1-23, 65.1-25, 65.1-26, 65.1-37, 65.1-44; 1972, c. 619; 1973, c. 542; 1991,\nc. 355; 2000, c. 530.","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}}