{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-309.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-309.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-309.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-309.1.html"}],"law_id":80132,"edition_id":1,"section_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","history":"1995, c. 267; 2004, cc. 914, 941.","full_text":"A\n\nA claim against an employer under this title for injury or death benefits shall create a lien and right of subrogation on behalf of the employer, as set forth in § 65.2-309, against proceeds recovered by the injured employee pursuant to the uninsured or underinsured motorist provisions of a policy of motor vehicle insurance carried by and at the expense of the employer. In any action by an employee against any person other than the employer, the court shall, after reasonable notice to the parties and the employer, ascertain the amount of compensation paid and expenses for medical, surgical and hospital attention and supplies, and funeral expenses incurred by the employer under the provisions of this title and deduct therefrom a proportionate share of such amounts as are paid by the plaintiff for reasonable expenses and attorney’s fees as provided in § 65.2-311; and, in the event of judgment against such person other than the employer, the court shall, in its order, require that the judgment debtor pay such compensation and expenses of the employer, less said share of expenses and attorney’s fees, so ascertained by the court out of the amount of the judgment, so far as sufficient, and the balance, if any, to the judgment creditor.B\n\nIf an injured employee is entitled to underinsured motorist coverage under more than one policy, the order of priority shall be as provided by subsection B of § 38.2-2206.","order_by":null,"text":{"0":{"id":286927,"text":"A claim against an employer under this title for injury or death benefits shall create a lien and right of subrogation on behalf of the employer, as set forth in § 65.2-309, against proceeds recovered by the injured employee pursuant to the uninsured or underinsured motorist provisions of a policy of motor vehicle insurance carried by and at the expense of the employer. In any action by an employee against any person other than the employer, the court shall, after reasonable notice to the parties and the employer, ascertain the amount of compensation paid and expenses for medical, surgical and hospital attention and supplies, and funeral expenses incurred by the employer under the provisions of this title and deduct therefrom a proportionate share of such amounts as are paid by the plaintiff for reasonable expenses and attorney’s fees as provided in § 65.2-311; and, in the event of judgment against such person other than the employer, the court shall, in its order, require that the judgment debtor pay such compensation and expenses of the employer, less said share of expenses and attorney’s fees, so ascertained by the court out of the amount of the judgment, so far as sufficient, and the balance, if any, to the judgment creditor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286928,"text":"If an injured employee is entitled to underinsured motorist coverage under more than one policy, the order of priority shall be as provided by subsection B of § 38.2-2206.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-309.1\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 267<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2004, chapters 914<\/a> and 941<\/a>.<\/p>","references":[{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"}],"refers_to":[{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"},{"id":86684,"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","order_by":null,"url":"\/65.2-309\/"},{"id":84625,"section_number":"65.2-311","catch_line":"Expenses and attorney's fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","order_by":null,"url":"\/65.2-311\/"}],"permalink":{"id":276335,"object_type":"law","relational_id":80132,"identifier":"65.2-309.1","token":"65.2\/3\/65.2-309.1","url":"\/65.2-309.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-309.1\/","token":"65.2\/3\/65.2-309.1","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-309.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A claim against an employer<\/span> under this title for injury<\/span> or death benefits shall create a lien<\/span> and right of subrogation on behalf of the employer<\/span>, as set forth in § 65.2-309<\/a>, against proceeds recovered by the injured employee pursuant to the uninsured or underinsured motorist provisions of a policy of motor vehicle insurance carried by and at the expense of the employer<\/span>. In any action by an employee against any person other than the employer<\/span>, the court<\/span> shall, after reasonable notice to the parties and the employer<\/span>, ascertain the amount of compensation paid and expenses for medical, surgical and hospital attention and supplies, and funeral expenses incurred by the employer<\/span> under the provisions of this title and deduct therefrom a proportionate share of such amounts as are paid by the plaintiff<\/span> for reasonable expenses and attorney’s fees as provided in § 65.2-311<\/a>; and, in the event of judgment against such person other than the employer<\/span>, the court<\/span> shall, in its order<\/span>, require that the judgment debtor<\/span> pay such compensation and expenses of the employer<\/span>, less said share of expenses and attorney’s fees, so ascertained by the court<\/span> out of the amount of the judgment, so far as sufficient, and the balance, if any, to the judgment creditor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If an injured employee is entitled to underinsured motorist coverage under more than one policy, the order<\/span> of priority shall be as provided by subsection B of § 38.2-2206<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREATION OF LIEN AND SUBROGATION OF EMPLOYER TO EMPLOYEE’S RIGHTS TO\nRECOVER UNINSURED OR UNDERINSURED MOTORIST BENEFITS PURSUANT TO INSURANCE\nCOVERAGE CARRIED BY AND AT THE EXPENSE OF EMPLOYER (\u00a7 65.2-309.1)\n\nA. A claim against an employer under this title for injury or death benefits\nshall create a lien and right of subrogation on behalf of the employer, as set\nforth in § 65.2-309, against proceeds recovered by the injured employee\npursuant to the uninsured or underinsured motorist provisions of a policy of\nmotor vehicle insurance carried by and at the expense of the employer. In any\naction by an employee against any person other than the employer, the court\nshall, after reasonable notice to the parties and the employer, ascertain the\namount of compensation paid and expenses for medical, surgical and hospital\nattention and supplies, and funeral expenses incurred by the employer under the\nprovisions of this title and deduct therefrom a proportionate share of such\namounts as are paid by the plaintiff for reasonable expenses and\nattorney’s fees as provided in § 65.2-311; and, in the event of\njudgment against such person other than the employer, the court shall, in its\norder, require that the judgment debtor pay such compensation and expenses of\nthe employer, less said share of expenses and attorney’s fees, so\nascertained by the court out of the amount of the judgment, so far as\nsufficient, and the balance, if any, to the judgment creditor.\n\nB. If an injured employee is entitled to underinsured motorist coverage under\nmore than one policy, the order of priority shall be as provided by subsection B\nof § 38.2-2206.\n\nHISTORY: 1995, c. 267; 2004, cc. 914, 941.","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}}