{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-500.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-500.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-500.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-500.html"}],"law_id":63631,"edition_id":1,"section_id":63631,"structure_id":13949,"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","history":"Code 1950, \u00a7 65-51; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c. 568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, \u00a7 65.1-54; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c. 447; 1991, c. 355; 1997, c. 511; 2004, c. 888; 2005, c. 472; 2019, c. 210.","full_text":"A\n\nExcept as provided in subsections E, F and G, when the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such total incapacity, a weekly compensation equal to 66 2\/3 percent of his average weekly wages, with a minimum not less than 25 percent and a maximum of not more than 100 percent of the average weekly wage of the Commonwealth as defined herein. In any event, income benefits shall not exceed the average weekly wage of the injured employee. Any farm employer who continues to furnish benefits while the employee is incapacitated shall be given credit for the value of such benefits so furnished when computing the compensation due the employee.B\n\nFor the purpose of this section the average wage in the Commonwealth shall be determined by the Commission as follows: On or before January 1 of each year, the total wages, excluding wages of United States government employees, reported on contribution reports to the Virginia Employment Commission for the 12-month period ending the preceding June 30 shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for that 12-month period by 12). The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the nearest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease falls within the year commencing with the July 1 following the date of determination.C\n\nThe minimum or the maximum weekly income benefits shall not be changed for any year unless the computation herein provided results in an increase or decrease of $2 or more, raised to the next even dollar in the level of the minimum or the maximum weekly income benefits.D\n\nThe weekly compensation on account of total and permanent incapacity as defined by subsection C of § 65.2-503 shall continue for the lifetime of the injured employee without limit as to total amount.E\n\nAmeriCorps members as defined in subdivision r of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.F\n\nFood Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.G\n\nTemporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.","order_by":null,"text":{"0":{"id":231806,"text":"Except as provided in subsections E, F and G, when the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such total incapacity, a weekly compensation equal to 66 2\/3 percent of his average weekly wages, with a minimum not less than 25 percent and a maximum of not more than 100 percent of the average weekly wage of the Commonwealth as defined herein. In any event, income benefits shall not exceed the average weekly wage of the injured employee. Any farm employer who continues to furnish benefits while the employee is incapacitated shall be given credit for the value of such benefits so furnished when computing the compensation due the employee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231807,"text":"For the purpose of this section the average wage in the Commonwealth shall be determined by the Commission as follows: On or before January 1 of each year, the total wages, excluding wages of United States government employees, reported on contribution reports to the Virginia Employment Commission for the 12-month period ending the preceding June 30 shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for that 12-month period by 12). The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the nearest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease falls within the year commencing with the July 1 following the date of determination.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231808,"text":"The minimum or the maximum weekly income benefits shall not be changed for any year unless the computation herein provided results in an increase or decrease of $2 or more, raised to the next even dollar in the level of the minimum or the maximum weekly income benefits.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":231809,"text":"The weekly compensation on account of total and permanent incapacity as defined by subsection C of § 65.2-503 shall continue for the lifetime of the injured employee without limit as to total amount.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":231810,"text":"AmeriCorps members as defined in subdivision r of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":231811,"text":"Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":231812,"text":"Temporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13949,"edition_id":1,"name":"Compensation and Payment Thereof","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":276393,"object_type":"structure","relational_id":13949,"identifier":"5","token":"65.2\/5","url":"\/65.2\/5\/","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":63631,"structure_id":13949,"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","url":"\/65.2-500\/","token":"65.2\/5\/65.2-500","metadata":false},{"id":63980,"structure_id":13949,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","url":"\/65.2-501\/","token":"65.2\/5\/65.2-501","metadata":false},{"id":85307,"structure_id":13949,"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","url":"\/65.2-502\/","token":"65.2\/5\/65.2-502","metadata":false},{"id":65657,"structure_id":13949,"section_number":"65.2-503","catch_line":"Permanent loss","url":"\/65.2-503\/","token":"65.2\/5\/65.2-503","metadata":false},{"id":70887,"structure_id":13949,"section_number":"65.2-504","catch_line":"Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator","url":"\/65.2-504\/","token":"65.2\/5\/65.2-504","metadata":false},{"id":70310,"structure_id":13949,"section_number":"65.2-505","catch_line":"Injuries in different employments; injury to employee with disability; subsequent permanent injury by accident in service to employer","url":"\/65.2-505\/","token":"65.2\/5\/65.2-505","metadata":false},{"id":67616,"structure_id":13949,"section_number":"65.2-506","catch_line":"Compensation after second injury in same employment","url":"\/65.2-506\/","token":"65.2\/5\/65.2-506","metadata":false},{"id":55009,"structure_id":13949,"section_number":"65.2-507","catch_line":"Same employment; when both injuries permanent","url":"\/65.2-507\/","token":"65.2\/5\/65.2-507","metadata":false},{"id":80866,"structure_id":13949,"section_number":"65.2-508","catch_line":"Foreign injuries","url":"\/65.2-508\/","token":"65.2\/5\/65.2-508","metadata":false},{"id":62648,"structure_id":13949,"section_number":"65.2-509","catch_line":"Commencement of compensation","url":"\/65.2-509\/","token":"65.2\/5\/65.2-509","metadata":false},{"id":74456,"structure_id":13949,"section_number":"65.2-510","catch_line":"Refusal of employment; compensation for partial incapacity","url":"\/65.2-510\/","token":"65.2\/5\/65.2-510","metadata":false},{"id":72220,"structure_id":13949,"section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of benefits","url":"\/65.2-510.1\/","token":"65.2\/5\/65.2-510.1","metadata":false},{"id":78253,"structure_id":13949,"section_number":"65.2-511","catch_line":"Compensation to employee's distributees upon his death from any other cause","url":"\/65.2-511\/","token":"65.2\/5\/65.2-511","metadata":false},{"id":56660,"structure_id":13949,"section_number":"65.2-512","catch_line":"Compensation to dependents of an employee killed; burial expenses","url":"\/65.2-512\/","token":"65.2\/5\/65.2-512","metadata":false},{"id":87021,"structure_id":13949,"section_number":"65.2-513","catch_line":"Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease","url":"\/65.2-513\/","token":"65.2\/5\/65.2-513","metadata":false},{"id":66016,"structure_id":13949,"section_number":"65.2-514","catch_line":"Special provisions for coal worker's pneumoconiosis claims for total disability or death","url":"\/65.2-514\/","token":"65.2\/5\/65.2-514","metadata":false},{"id":57788,"structure_id":13949,"section_number":"65.2-515","catch_line":"Persons conclusively presumed to be wholly dependent","url":"\/65.2-515\/","token":"65.2\/5\/65.2-515","metadata":false},{"id":77728,"structure_id":13949,"section_number":"65.2-516","catch_line":"Other cases of dependency","url":"\/65.2-516\/","token":"65.2\/5\/65.2-516","metadata":false},{"id":56782,"structure_id":13949,"section_number":"65.2-517","catch_line":"Termination of dependency","url":"\/65.2-517\/","token":"65.2\/5\/65.2-517","metadata":false},{"id":60115,"structure_id":13949,"section_number":"65.2-518","catch_line":"Limitation upon total compensation","url":"\/65.2-518\/","token":"65.2\/5\/65.2-518","metadata":false},{"id":61340,"structure_id":13949,"section_number":"65.2-519","catch_line":"When limitations inapplicable to injuries arising out of pneumoconiosis","url":"\/65.2-519\/","token":"65.2\/5\/65.2-519","metadata":false},{"id":69889,"structure_id":13949,"section_number":"65.2-520","catch_line":"Voluntary payment by employer","url":"\/65.2-520\/","token":"65.2\/5\/65.2-520","metadata":false},{"id":77932,"structure_id":13949,"section_number":"65.2-521","catch_line":"Time of payment","url":"\/65.2-521\/","token":"65.2\/5\/65.2-521","metadata":false},{"id":61016,"structure_id":13949,"section_number":"65.2-522","catch_line":"Lump sum payments, generally","url":"\/65.2-522\/","token":"65.2\/5\/65.2-522","metadata":false},{"id":86845,"structure_id":13949,"section_number":"65.2-523","catch_line":"Lump sum payments to trustees","url":"\/65.2-523\/","token":"65.2\/5\/65.2-523","metadata":false},{"id":84045,"structure_id":13949,"section_number":"65.2-524","catch_line":"Failure to pay compensation within two weeks after it becomes due","url":"\/65.2-524\/","token":"65.2\/5\/65.2-524","metadata":false},{"id":84393,"structure_id":13949,"section_number":"65.2-525","catch_line":"Who may receive payment and receipt therefor","url":"\/65.2-525\/","token":"65.2\/5\/65.2-525","metadata":false},{"id":65719,"structure_id":13949,"section_number":"65.2-526","catch_line":"Payment to junior dependents in good faith","url":"\/65.2-526\/","token":"65.2\/5\/65.2-526","metadata":false},{"id":75167,"structure_id":13949,"section_number":"65.2-527","catch_line":"When employee's rights exercised by guardian or trustee","url":"\/65.2-527\/","token":"65.2\/5\/65.2-527","metadata":false},{"id":61743,"structure_id":13949,"section_number":"65.2-528","catch_line":"Time limitations on persons under disability","url":"\/65.2-528\/","token":"65.2\/5\/65.2-528","metadata":false},{"id":62795,"structure_id":13949,"section_number":"65.2-529","catch_line":"Joint service","url":"\/65.2-529\/","token":"65.2\/5\/65.2-529","metadata":false},{"id":61412,"structure_id":13949,"section_number":"65.2-530","catch_line":"Preferences and priorities","url":"\/65.2-530\/","token":"65.2\/5\/65.2-530","metadata":false},{"id":84247,"structure_id":13949,"section_number":"65.2-531","catch_line":"Assignments of compensation; exemption from creditors' claims","url":"\/65.2-531\/","token":"65.2\/5\/65.2-531","metadata":false}],"next_section":{"id":63980,"structure_id":13949,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","url":"\/65.2-501\/","token":"65.2\/5\/65.2-501","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-500\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 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 226; in 1954, chapter 654; in 1956, chapter 243; in 1958, chapter 568; in 1960, chapter 556; in 1962, chapter 503; in 1964, chapter 94; in 1966, chapter 64; in 1968, chapters 8 and 660; in 1970, chapter 470; in 1972, chapter 229; in 1973, chapter 542; in 1974, chapter 560; in 1975, chapter 447; in 1991, chapter 355; in 1997, chapter 511<\/a>; in 2004, chapter 888<\/a>; in 2005, chapter 472<\/a>; in 2019, chapter 210<\/a>.<\/p>","references":[{"id":64853,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","order_by":null,"url":"\/40.1-28.7_8\/"},{"id":79349,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","order_by":null,"url":"\/40.1-29\/"},{"id":61447,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","order_by":null,"url":"\/53.1-32.1\/"},{"id":56087,"section_number":"60.2-604","catch_line":"Reduction of benefit amount by amount of pension","order_by":null,"url":"\/60.2-604\/"},{"id":58233,"section_number":"65.2-107","catch_line":"Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters","order_by":null,"url":"\/65.2-107\/"},{"id":55236,"section_number":"65.2-1103","catch_line":"When awards entered","order_by":null,"url":"\/65.2-1103\/"},{"id":76142,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","order_by":null,"url":"\/65.2-406\/"},{"id":63980,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","order_by":null,"url":"\/65.2-501\/"},{"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":65657,"section_number":"65.2-503","catch_line":"Permanent loss","order_by":null,"url":"\/65.2-503\/"},{"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":72220,"section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of benefits","order_by":null,"url":"\/65.2-510.1\/"},{"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\/"},{"id":87021,"section_number":"65.2-513","catch_line":"Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease","order_by":null,"url":"\/65.2-513\/"},{"id":60115,"section_number":"65.2-518","catch_line":"Limitation upon total compensation","order_by":null,"url":"\/65.2-518\/"},{"id":61340,"section_number":"65.2-519","catch_line":"When limitations inapplicable to injuries arising out of pneumoconiosis","order_by":null,"url":"\/65.2-519\/"},{"id":60208,"section_number":"65.2-602","catch_line":"Tolling of statute of limitations","order_by":null,"url":"\/65.2-602\/"},{"id":81274,"section_number":"65.2-708","catch_line":"Review of award on change in condition","order_by":null,"url":"\/65.2-708\/"},{"id":68056,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","order_by":null,"url":"\/65.2-709\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"}],"refers_to":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":65657,"section_number":"65.2-503","catch_line":"Permanent loss","order_by":null,"url":"\/65.2-503\/"}],"permalink":{"id":276395,"object_type":"law","relational_id":63631,"identifier":"65.2-500","token":"65.2\/5\/65.2-500","url":"\/65.2-500\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-500\/","token":"65.2\/5\/65.2-500","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-500","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsections E, F and G, when the incapacity for work resulting from the injury<\/span> is total, the employer<\/span> shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such total incapacity, a weekly compensation equal to 66 2\/3 percent of his average weekly wages, with a minimum not less than 25 percent and a maximum of not more than 100 percent of the average weekly wage of the Commonwealth as defined herein. In any event, income benefits shall not exceed the average weekly wage of the injured employee. Any farm employer<\/span> who continues to furnish benefits while the employee is incapacitated shall be given credit for the value of such benefits so furnished when computing the compensation due the employee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purpose of this section the average wage in the Commonwealth shall be determined by the Commission<\/span> as follows: On or before January 1 of each year, the total wages, excluding wages of United States government employees, reported on contribution reports to the Virginia Employment Commission<\/span> for the 12-month period ending the preceding June 30 shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for that 12-month period by 12). The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the nearest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury<\/span> or of disablement in the case of disease falls within the year commencing with the July 1 following the date of determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The minimum or the maximum weekly income benefits shall not be changed for any year unless the computation herein provided results in an increase or decrease of $2 or more, raised to the next even dollar in the level of the minimum or the maximum weekly income benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The weekly compensation on account of total and permanent incapacity as defined by subsection C of § 65.2-503<\/a> shall continue for the lifetime of the injured employee without limit as to total amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> AmeriCorps members as defined in subdivision r of § 65.2-101<\/a> shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury<\/span> results in death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101<\/a> shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury<\/span> results in death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Temporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101<\/a> shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury<\/span> results in death. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION FOR TOTAL INCAPACITY; COMPUTATION OF AVERAGE WAGE; EXCLUSION OF\nAMERICORPS MEMBERS, CERTAIN FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM\nPARTICIPANTS, AND CERTAIN TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PARTICIPANTS\n(\u00a7 65.2-500)\n\nA. Except as provided in subsections E, F and G, when the incapacity for work\nresulting from the injury is total, the employer shall pay, or cause to be paid,\nas hereinafter provided, to the injured employee during such total incapacity, a\nweekly compensation equal to 66 2\/3 percent of his average weekly wages, with a\nminimum not less than 25 percent and a maximum of not more than 100 percent of\nthe average weekly wage of the Commonwealth as defined herein. In any event,\nincome benefits shall not exceed the average weekly wage of the injured\nemployee. Any farm employer who continues to furnish benefits while the employee\nis incapacitated shall be given credit for the value of such benefits so\nfurnished when computing the compensation due the employee.\n\nB. For the purpose of this section the average wage in the Commonwealth shall be\ndetermined by the Commission as follows: On or before January 1 of each year,\nthe total wages, excluding wages of United States government employees, reported\non contribution reports to the Virginia Employment Commission for the 12-month\nperiod ending the preceding June 30 shall be divided by the average monthly\nnumber of insured workers (determined by dividing the total insured workers\nreported for that 12-month period by 12). The average annual wage thus obtained\nshall be divided by 52 and the average weekly wage thus determined rounded to\nthe nearest dollar. The average weekly wage as so determined shall be applicable\nfor the full period during which income benefits are payable, when the date of\noccurrence of injury or of disablement in the case of disease falls within the\nyear commencing with the July 1 following the date of determination.\n\nC. The minimum or the maximum weekly income benefits shall not be changed for\nany year unless the computation herein provided results in an increase or\ndecrease of $2 or more, raised to the next even dollar in the level of the\nminimum or the maximum weekly income benefits.\n\nD. The weekly compensation on account of total and permanent incapacity as\ndefined by subsection C of § 65.2-503 shall continue for the lifetime of\nthe injured employee without limit as to total amount.\n\nE. AmeriCorps members as defined in subdivision r of § 65.2-101 shall not\nbe eligible to receive weekly compensation for total incapacity, whether\npermanent or temporary, regardless of whether the injury results in death.\n\nF. Food Stamp recipients participating in the work experience component of the\nFood Stamp Employment and Training Program as defined in subdivision s of §\n65.2-101 shall not be eligible to receive weekly compensation for total\nincapacity, whether permanent or temporary, regardless of whether the injury\nresults in death.\n\nG. Temporary Assistance for Needy Families recipients participating in the work\nexperience component of the Virginia Initiative for Education and Work as\ndefined in subdivision t of § 65.2-101 shall not be eligible to receive\nweekly compensation for total incapacity, whether permanent or temporary,\nregardless of whether the injury results in death.\n\nHISTORY: Code 1950, \u00a7 65-51; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c.\n568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, \u00a7\n65.1-54; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c. 447;\n1991, c. 355; 1997, c. 511; 2004, c. 888; 2005, c. 472; 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}}