{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-311.html"}],"law_id":84625,"edition_id":1,"section_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","history":"Code 1950, \u00a7 65-39.1; 1960, c. 89; 1968, c. 660, \u00a7 65.1-43; 1991, c. 355; 2004, cc. 914, 941.","full_text":"A\n\nExcept as provided in subsection B, in any action, or claim for damages, by an employee, his personal representative or other person against any person other than the employer, and in any such action brought, or claim asserted, by the employer under his right of subrogation provided for in § 65.2-309, if a recovery is effected, either by judgment or voluntary settlement, the reasonable expenses and reasonable attorney’s fees of such claimants shall be apportioned pro rata between the employer and the employee, his personal representative or other person, as their respective interests may appear.B\n\nIf the employer is required to institute an action against any party to recover some or all of its lien pursuant to subsection D of § 65.2-309, the employer shall not be required to pay any share of the reasonable expenses and reasonable attorney’s fees associated with that portion of its lien that is not preserved by the employee, his personal representative or other person.","order_by":null,"text":{"0":{"id":303354,"text":"Except as provided in subsection B, in any action, or claim for damages, by an employee, his personal representative or other person against any person other than the employer, and in any such action brought, or claim asserted, by the employer under his right of subrogation provided for in § 65.2-309, if a recovery is effected, either by judgment or voluntary settlement, the reasonable expenses and reasonable attorney’s fees of such claimants shall be apportioned pro rata between the employer and the employee, his personal representative or other person, as their respective interests may appear.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303355,"text":"If the employer is required to institute an action against any party to recover some or all of its lien pursuant to subsection D of § 65.2-309, the employer shall not be required to pay any share of the reasonable expenses and reasonable attorney’s fees associated with that portion of its lien that is not preserved by the employee, his personal representative or other person.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-311\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1960, chapter 89; in 1968, chapter 660; in 1991, chapter 355; in 2004, chapters 914<\/a> and 941<\/a>.<\/p>","references":[{"id":80132,"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","order_by":null,"url":"\/65.2-309.1\/"},{"id":80584,"section_number":"65.2-310","catch_line":"Protection of employer when employee sues third party","order_by":null,"url":"\/65.2-310\/"},{"id":66572,"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","order_by":null,"url":"\/65.2-313\/"}],"refers_to":[{"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\/"}],"permalink":{"id":276343,"object_type":"law","relational_id":84625,"identifier":"65.2-311","token":"65.2\/3\/65.2-311","url":"\/65.2-311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-311\/","token":"65.2\/3\/65.2-311","dublin_core":{"Title":"Expenses and attorney’s fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-311","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B, in any action, or claim for damages<\/span>, by an employee, his personal representative or other person against any person other than the employer<\/span>, and in any such action brought, or claim asserted, by the employer<\/span> under his right of subrogation provided for in § 65.2-309<\/a>, if a recovery is effected, either by judgment<\/span> or voluntary settlement<\/span>, the reasonable expenses and reasonable attorney’s fees of such claimants shall be apportioned pro rata between the employer<\/span> and the employee, his personal representative or other person, as their respective interests may appear. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the employer<\/span> is required to institute an action against any party<\/span> to recover some or all of its lien<\/span> pursuant to subsection D of § 65.2-309<\/a>, the employer<\/span> shall not be required to pay any share of the reasonable expenses and reasonable attorney’s fees associated with that portion of its lien<\/span> that is not preserved by the employee, his personal representative or other person. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPENSES AND ATTORNEY’S FEES IN ACTION UNDER \u00a7 65.2-309 OR \u00a7 65.2-310\n(\u00a7 65.2-311)\n\nA. Except as provided in subsection B, in any action, or claim for damages, by\nan employee, his personal representative or other person against any person\nother than the employer, and in any such action brought, or claim asserted, by\nthe employer under his right of subrogation provided for in § 65.2-309, if\na recovery is effected, either by judgment or voluntary settlement, the\nreasonable expenses and reasonable attorney’s fees of such claimants shall\nbe apportioned pro rata between the employer and the employee, his personal\nrepresentative or other person, as their respective interests may appear.\n\nB. If the employer is required to institute an action against any party to\nrecover some or all of its lien pursuant to subsection D of § 65.2-309, the\nemployer shall not be required to pay any share of the reasonable expenses and\nreasonable attorney’s fees associated with that portion of its lien that\nis not preserved by the employee, his personal representative or other person.\n\nHISTORY: Code 1950, \u00a7 65-39.1; 1960, c. 89; 1968, c. 660, \u00a7 65.1-43; 1991, c.\n355; 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}}