{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-805.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-805.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-805.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-805.html"}],"law_id":83221,"edition_id":1,"section_id":83221,"structure_id":13374,"section_number":"65.2-805","catch_line":"Civil penalty for violation of \u00a7\u00a7 65.2-800, 65.2-803.1, and 65.2-804","history":"Code 1950, \u00a7 65-102; 1968, c. 660, \u00a7 65.1-106; 1970, c. 470; 1974, c. 314; 1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69; 2014, c. 204.","full_text":"A\n\nIf such employer fails to comply with the provisions of \u00a7 65.2-800 or 65.2-804, he shall be assessed a civil penalty of not more than $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000. Such employer also shall be liable during continuance of such failure to any employee either for compensation under this title or at law in a suit instituted by the employee against such employer to recover damages for personal injury or death by accident, and in any such suit such employer shall not be permitted to defend upon any of the following grounds:1\n\nThat the employee was negligent;2\n\nThat the injury was caused by the negligence of a fellow employee; or3\n\nThat the employee had assumed the risk of the injury.B\n\nAny person who fails to comply with the provisions of § 65.2-803.1 shall be assessed a civil penalty of not less than $500 nor more than $5,000 for each instance of noncompliance, in addition to any other penalties applicable under this title.C\n\nThe civil penalties herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases. Upon a finding by the Commission of such failure to comply, and after 15 days’ written notice thereof sent by certified mail to the employer, if such failure continues, the Commission may order the employer to cease and desist all business transactions and operations until found by the Commission to be in compliance with the provisions of this chapter.D\n\nAny civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer’s Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).","order_by":null,"text":{"0":{"id":298147,"text":"If such employer fails to comply with the provisions of \u00a7 65.2-800 or 65.2-804, he shall be assessed a civil penalty of not more than $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000. Such employer also shall be liable during continuance of such failure to any employee either for compensation under this title or at law in a suit instituted by the employee against such employer to recover damages for personal injury or death by accident, and in any such suit such employer shall not be permitted to defend upon any of the following grounds:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":298148,"text":"That the employee was negligent;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":298149,"text":"That the injury was caused by the negligence of a fellow employee; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":298150,"text":"That the employee had assumed the risk of the injury.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":298151,"text":"Any person who fails to comply with the provisions of § 65.2-803.1 shall be assessed a civil penalty of not less than $500 nor more than $5,000 for each instance of noncompliance, in addition to any other penalties applicable under this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":298152,"text":"The civil penalties herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases. Upon a finding by the Commission of such failure to comply, and after 15 days’ written notice thereof sent by certified mail to the employer, if such failure continues, the Commission may order the employer to cease and desist all business transactions and operations until found by the Commission to be in compliance with the provisions of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":298153,"text":"Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer’s Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13374,"edition_id":1,"name":"Insurance and Self-Insurance","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:44:44","date_modified":"2026-06-26 03:44:44","permalink":{"id":276659,"object_type":"structure","relational_id":13374,"identifier":"8","token":"65.2\/8","url":"\/65.2\/8\/","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":68174,"structure_id":13374,"section_number":"65.2-800","catch_line":"Duty to insure payment of compensation; effect of insurance","url":"\/65.2-800\/","token":"65.2\/8\/65.2-800","metadata":false},{"id":60093,"structure_id":13374,"section_number":"65.2-801","catch_line":"Insurance or proof of financial ability to pay required","url":"\/65.2-801\/","token":"65.2\/8\/65.2-801","metadata":false},{"id":85387,"structure_id":13374,"section_number":"65.2-802","catch_line":"Requirements for licensure as group self-insurance association; annual assessment","url":"\/65.2-802\/","token":"65.2\/8\/65.2-802","metadata":false},{"id":72917,"structure_id":13374,"section_number":"65.2-803","catch_line":"Administrator and service company affiliation prohibited; exception","url":"\/65.2-803\/","token":"65.2\/8\/65.2-803","metadata":false},{"id":62818,"structure_id":13374,"section_number":"65.2-803.1","catch_line":"Requirements for registration as professional employer organization; annual assessment","url":"\/65.2-803.1\/","token":"65.2\/8\/65.2-803.1","metadata":false},{"id":58097,"structure_id":13374,"section_number":"65.2-804","catch_line":"Evidence of compliance with title; notices of cancellation of insurance","url":"\/65.2-804\/","token":"65.2\/8\/65.2-804","metadata":false},{"id":83221,"structure_id":13374,"section_number":"65.2-805","catch_line":"Civil penalty for violation of \u00a7\u00a7 65.2-800, 65.2-803.1, and 65.2-804","url":"\/65.2-805\/","token":"65.2\/8\/65.2-805","metadata":false},{"id":72140,"structure_id":13374,"section_number":"65.2-806","catch_line":"Criminal penalties","url":"\/65.2-806\/","token":"65.2\/8\/65.2-806","metadata":false},{"id":54347,"structure_id":13374,"section_number":"65.2-807","catch_line":"Cost of insurance may not be deducted from wages","url":"\/65.2-807\/","token":"65.2\/8\/65.2-807","metadata":false},{"id":77557,"structure_id":13374,"section_number":"65.2-808","catch_line":"Self-insurance certificate","url":"\/65.2-808\/","token":"65.2\/8\/65.2-808","metadata":false},{"id":82374,"structure_id":13374,"section_number":"65.2-809","catch_line":"Constructive notice to, jurisdiction of, and awards, etc., binding upon insurer","url":"\/65.2-809\/","token":"65.2\/8\/65.2-809","metadata":false},{"id":68876,"structure_id":13374,"section_number":"65.2-810","catch_line":"How formal notice may be given","url":"\/65.2-810\/","token":"65.2\/8\/65.2-810","metadata":false},{"id":68761,"structure_id":13374,"section_number":"65.2-811","catch_line":"Liability of insurer","url":"\/65.2-811\/","token":"65.2\/8\/65.2-811","metadata":false},{"id":70340,"structure_id":13374,"section_number":"65.2-812","catch_line":"Subrogation of insurance carrier to employer's rights; compromise","url":"\/65.2-812\/","token":"65.2\/8\/65.2-812","metadata":false},{"id":74334,"structure_id":13374,"section_number":"65.2-813","catch_line":"Insurance deemed subject to title; approval of forms","url":"\/65.2-813\/","token":"65.2\/8\/65.2-813","metadata":false},{"id":67685,"structure_id":13374,"section_number":"65.2-813.1","catch_line":"Insurers offering policies with deductibles","url":"\/65.2-813.1\/","token":"65.2\/8\/65.2-813.1","metadata":false},{"id":81677,"structure_id":13374,"section_number":"65.2-813.2","catch_line":"Premium discounts; drug-free workplace programs","url":"\/65.2-813.2\/","token":"65.2\/8\/65.2-813.2","metadata":false},{"id":62332,"structure_id":13374,"section_number":"65.2-814","catch_line":"Insurer to furnish written evidence of coverage on request","url":"\/65.2-814\/","token":"65.2\/8\/65.2-814","metadata":false},{"id":59696,"structure_id":13374,"section_number":"65.2-815","catch_line":"Group self-insurance association required to furnish written evidence of membership","url":"\/65.2-815\/","token":"65.2\/8\/65.2-815","metadata":false},{"id":77993,"structure_id":13374,"section_number":"65.2-816","catch_line":"Title not applicable to boiler, etc., insurance","url":"\/65.2-816\/","token":"65.2\/8\/65.2-816","metadata":false},{"id":57348,"structure_id":13374,"section_number":"65.2-817","catch_line":"Rates; cooperation between State Corporation Commission and Workers' Compensation Commission","url":"\/65.2-817\/","token":"65.2\/8\/65.2-817","metadata":false},{"id":80112,"structure_id":13374,"section_number":"65.2-818","catch_line":"Minimum standards of service for insurers","url":"\/65.2-818\/","token":"65.2\/8\/65.2-818","metadata":false},{"id":70096,"structure_id":13374,"section_number":"65.2-819","catch_line":"Penalty for violation of certain provisions","url":"\/65.2-819\/","token":"65.2\/8\/65.2-819","metadata":false},{"id":80066,"structure_id":13374,"section_number":"65.2-820","catch_line":"Application to State Corporation Commission for assignment of risk; insurer assigned risk to issue policy","url":"\/65.2-820\/","token":"65.2\/8\/65.2-820","metadata":false},{"id":57462,"structure_id":13374,"section_number":"65.2-821","catch_line":"State Corporation Commission to make rules and regulations, and establish rating schedules and rates","url":"\/65.2-821\/","token":"65.2\/8\/65.2-821","metadata":false},{"id":68923,"structure_id":13374,"section_number":"65.2-821.1","catch_line":"Payment and reimbursement practices; prohibitions","url":"\/65.2-821.1\/","token":"65.2\/8\/65.2-821.1","metadata":false},{"id":65060,"structure_id":13374,"section_number":"65.2-822","catch_line":"Action by State Corporation Commission upon application","url":"\/65.2-822\/","token":"65.2\/8\/65.2-822","metadata":false},{"id":79323,"structure_id":13374,"section_number":"65.2-823","catch_line":"Information filed with State Corporation Commission by insurance carrier to be confidential; exception","url":"\/65.2-823\/","token":"65.2\/8\/65.2-823","metadata":false},{"id":71179,"structure_id":13374,"section_number":"65.2-824","catch_line":"Disclosures not required of State Corporation Commission; liability for acts or omissions","url":"\/65.2-824\/","token":"65.2\/8\/65.2-824","metadata":false}],"previous_section":{"id":58097,"structure_id":13374,"section_number":"65.2-804","catch_line":"Evidence of compliance with title; notices of cancellation of insurance","url":"\/65.2-804\/","token":"65.2\/8\/65.2-804","metadata":false},"next_section":{"id":72140,"structure_id":13374,"section_number":"65.2-806","catch_line":"Criminal penalties","url":"\/65.2-806\/","token":"65.2\/8\/65.2-806","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-805\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1970, chapter 470; in 1974, chapter 314; in 1980, chapter 443; in 1991, chapter 355; in 1993, chapter 378; in 2005, chapter 69<\/a>; in 2014, chapter 204<\/a>.<\/p>","references":[{"id":72140,"section_number":"65.2-806","catch_line":"Criminal penalties","order_by":null,"url":"\/65.2-806\/"}],"refers_to":[{"id":72546,"section_number":"65.2-1000","catch_line":"Tax for administrative fund","order_by":null,"url":"\/65.2-1000\/"},{"id":73576,"section_number":"65.2-1200","catch_line":"Fund created","order_by":null,"url":"\/65.2-1200\/"},{"id":68174,"section_number":"65.2-800","catch_line":"Duty to insure payment of compensation; effect of insurance","order_by":null,"url":"\/65.2-800\/"},{"id":62818,"section_number":"65.2-803.1","catch_line":"Requirements for registration as professional employer organization; annual assessment","order_by":null,"url":"\/65.2-803.1\/"},{"id":58097,"section_number":"65.2-804","catch_line":"Evidence of compliance with title; notices of cancellation of insurance","order_by":null,"url":"\/65.2-804\/"}],"permalink":{"id":276685,"object_type":"law","relational_id":83221,"identifier":"65.2-805","token":"65.2\/8\/65.2-805","url":"\/65.2-805\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-805\/","token":"65.2\/8\/65.2-805","dublin_core":{"Title":"Civil penalty for violation of \u00a7\u00a7 65.2-800, 65.2-803.1, and 65.2-804","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-805","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If such employer<\/span> fails to comply with the provisions of \u00a7 65.2-800<\/a> or 65.2-804<\/a>, he shall be assessed a civil penalty<\/span> of not more than $250 per day for each day of noncompliance, subject to a maximum penalty<\/span> of $50,000. Such employer<\/span> also shall be liable during continuance<\/span> of such failure to any employee either for compensation under this title or at law<\/span> in a suit instituted by the employee against such employer<\/span> to recover damages<\/span> for personal injury<\/span> or death by accident, and in any such suit such employer<\/span> shall not be permitted to defend upon any of the following grounds: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the employee was negligent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the injury<\/span> was caused by the negligence<\/span> of a fellow employee; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the employee had assumed the risk of the injury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who fails to comply with the provisions of § 65.2-803.1<\/a> shall be assessed a civil penalty<\/span> of not less than $500 nor more than $5,000 for each instance of noncompliance, in addition to any other penalties applicable under this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The civil penalties herein provided may be assessed by the Commission<\/span> in an open hearing<\/span> with the right of review and appeal<\/span> as in other cases. Upon a finding<\/span> by the Commission<\/span> of such failure to comply, and after 15 days’ written notice thereof sent by certified mail to the employer<\/span>, if such failure continues, the Commission<\/span> may order<\/span> the employer<\/span> to cease and desist all business transactions and operations until found by the Commission<\/span> to be in compliance with the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any civil penalty<\/span> assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000<\/a> et seq.) and the Uninsured Employer<\/span>’s Fund established in Chapter 12 (§ 65.2-1200<\/a> et seq.). The Commission<\/span> may add the costs of collection of such civil penalty<\/span> to the aggregate civil penalty<\/span> owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTY FOR VIOLATION OF \u00a7\u00a7 65.2-800, 65.2-803.1, AND 65.2-804 (\u00a7\n65.2-805)\n\nA. If such employer fails to comply with the provisions of \u00a7 65.2-800 or\n65.2-804, he shall be assessed a civil penalty of not more than $250 per day for\neach day of noncompliance, subject to a maximum penalty of $50,000. Such\nemployer also shall be liable during continuance of such failure to any employee\neither for compensation under this title or at law in a suit instituted by the\nemployee against such employer to recover damages for personal injury or death\nby accident, and in any such suit such employer shall not be permitted to defend\nupon any of the following grounds:\n\n 1. That the employee was negligent;\n\n 2. That the injury was caused by the negligence of a fellow employee; or\n\n 3. That the employee had assumed the risk of the injury.\n\nB. Any person who fails to comply with the provisions of § 65.2-803.1 shall\nbe assessed a civil penalty of not less than $500 nor more than $5,000 for each\ninstance of noncompliance, in addition to any other penalties applicable under\nthis title.\n\nC. The civil penalties herein provided may be assessed by the Commission in an\nopen hearing with the right of review and appeal as in other cases. Upon a\nfinding by the Commission of such failure to comply, and after 15 days’\nwritten notice thereof sent by certified mail to the employer, if such failure\ncontinues, the Commission may order the employer to cease and desist all\nbusiness transactions and operations until found by the Commission to be in\ncompliance with the provisions of this chapter.\n\nD. Any civil penalty assessed pursuant to this section shall be divided equally\nbetween and paid into the administrative fund established in Chapter 10 (§\n65.2-1000 et seq.) and the Uninsured Employer’s Fund established in\nChapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of\ncollection of such civil penalty to the aggregate civil penalty owed, in which\nevent such costs shall be paid into the administrative fund established in\nChapter 10 (§ 65.2-1000 et seq.).\n\nHISTORY: Code 1950, \u00a7 65-102; 1968, c. 660, \u00a7 65.1-106; 1970, c. 470; 1974, c.\n314; 1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69; 2014, c. 204.","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}}