Construction workers compensation in Virginia
Construction businesses in Virginia pay a median rate of $1.60 per $100 of payroll, ranging from $0.152 to $5.00. The national median for Construction is $2.26, so Virginia sits 29% below the national average. 83 unique NCCI class codes are filed in this state for Construction occupations. Verified 2026-05-09.
Top Construction class codes in Virginia
The class codes most likely to apply to a Construction operation in Virginia, sorted from cheapest to most expensive per $100 of payroll. Click into any code for the full state-by-state rate comparison.
| Code | Occupation | Rate per $100 | Confidence |
|---|---|---|---|
| 5191 | Plumbing - Commercial/Industrial | $0.337 | HIGH |
| 4828 | Oil & Gas Pipeline Construction | $0.692 | HIGH |
| 4902 | Waterproofing Contractor | $0.706 | HIGH |
| 5190 | Electrical Wiring | $0.785 | HIGH |
| 5160 | Elevator Erection or Repair | $0.840 | HIGH |
| 5192 | Plumbing - Residential/Domestic | $1.09 | HIGH |
| 4024 | Concrete Construction | $1.22 | HIGH |
| 5183 | Plumbing | $1.32 | HIGH |
| 7335 | Railroad - Construction/Maintenance | $1.54 | HIGH |
| 6251 | Tunneling | $1.58 | HIGH |
Virginia compliance for Construction employers
Coverage threshold
Employers with 3 or more employees, regular or part-time, are required to carry workers' compensation insurance.
1099 vs W-2 in Construction
Individuals classified as independent contractors (1099) are generally not covered by workers' compensation, but their classification can be challenged based on the actual nature of the working relationship.
Owner exclusion
Allowed in Virginia. Sole proprietor self-coverage optional; LLC member self-coverage optional.
Max weekly benefit
$1,463 at 66.67% of average weekly wage, effective 2025-07-01.
Statute of limitations
2 years from injury date in Virginia.
Audit window
Virginia carriers audit payroll within 90 days of policy expiration. Keep Construction payroll segregated by class code and have job-duty documentation ready.
Cross-cite: full Virginia workers comp overview · Construction cross-state rate comparison · Virginia workers comp lawyer guide · Virginia settlement chart
Estimate your Construction premium in Virginia
Pre-filled to Construction and Virginia. Adjust payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Estimated annual premium for Construction in Virginia
$760to$25,025
Median: $8,000 · Rate range $0.152 to $5.00 per $100 payroll
Industry median across all states
$11,300
Cheapest states for Construction
- Utah $0.780
- Washington $1.13
- Kansas $1.21
Most expensive
- New Jersey $6.95
- Illinois $5.01
- New York $4.84
Estimate based on 24 states of rate-filing data. Actual premium also reflects experience modifier, schedule credits, and carrier underwriting.
Filing checklist for Construction businesses in Virginia
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Step 1, Confirm coverage threshold
Employers with 3 or more employees, regular or part-time, are required to carry workers' compensation insurance. For Construction operations, this typically applies once you make a first W-2 hire, even part-time.
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Step 2, Pick the right class code
Construction businesses typically use codes like 7335, 6251, 6252. The wrong code can cost 4 to 10x more or get reclassified at audit. In Virginia, the cheapest code on this list is 5191 at $0.337 and the most expensive is 6251 at $1.58.
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Step 3, Get a quote
Private carriers write Construction coverage in Virginia. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Document subcontractors
General contractors are responsible for ensuring that their subcontractors carry workers' compensation insurance or for providing coverage for their subcontractors' employees. Construction operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.
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Step 5, Annual audit
Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll. Construction class allocation can shift if any worker spends more than 50% of time on a different code.
Construction workers comp FAQs in Virginia
What is the typical workers comp rate for Construction in Virginia?
Construction employers in Virginia pay a median rate of $1.60 per $100 of payroll, with rates ranging from $0.152 to $5.00 depending on the specific class code. The national median across all states for Construction is $2.26, so Virginia sits about 29% below the national average.
How many Construction class codes are filed in Virginia?
Virginia has 83 unique NCCI class codes filed for Construction occupations, drawn from 84 state-class code rate cells in our dataset. The most common codes include 7335 (Railroad - Construction/Maintenance), 6251 (Tunneling), 6252 (Shaft Sinking).
Are Construction 1099 contractors covered by workers comp in Virginia?
Individuals classified as independent contractors (1099) are generally not covered by workers' compensation, but their classification can be challenged based on the actual nature of the working relationship.
What is the maximum weekly benefit for an injured Construction worker in Virginia?
Virginia caps weekly workers comp benefits at $1,463 (effective 2025-07-01), calculated as 66.67% of the average weekly wage. Construction workers are subject to the same statutory cap as workers in any other industry.
How long does a Construction worker have to file a comp claim in Virginia?
The statute of limitations in Virginia is 2 years from the date of injury. Most claims also require notice to the employer within 30 days. Construction workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.
Can a Construction business owner exclude themselves from comp coverage in Virginia?
Yes, Virginia allows business owners (sole proprietors, partners, LLC members, corporate officers) to file an exclusion election. Construction owner-operators often elect out to keep premium below the minimum. Sole-proprietor self-coverage is not required, and LLC member self-coverage is not required.