Virginia Workers’ Compensation Commission Releases 2026 Compensation Rates and Revised Agreement Forms
The Virginia Workers’ Compensation Commission has released the 2026 compensation rates for injured workers and the amended cost of living adjustment (COLA).
Effective July 1, 2026, the maximum compensation rate will be $1,507.01.
Effective July 1, 2026, the minimum compensation rate will be $376.75.
Effective October 1, 2026, the cost of living adjustment (COLA) rate will be 2.65%.
The Virginia Commission has also released revised Award Agreements, Termination of Wage Loss Awards and a Supplemental Agreement for Varying Wage Benefits. The current Award Agreement allows the parties to enter an award for all indemnity benefits, including temporary total disability, permanent partial disability benefits and various periods of temporary partial disability benefits. This agreement form has been revised to allow the parties to enter an award for either ongoing wage benefits or a closed period of benefits. It also allows the parties to indicate whether the employer has elected to pay full wages in lieu of compensation. The parties still retain the right to enter an award for permanent partial disability and/or a medical only award.
The Termination of Wage Loss Award has been revised to reflect that it is not to be utilized if the injured worker has not been released to pre-injury employment and/or pre-injury wages. In lieu of the Termination of Wage Loss Award, the Commission has also released a Supplement Agreement of Varying Wage Benefits which allows the parties to list any periods of benefits to paid at various rates if the injured worker has not been released to pre-injury employment or pre-injury wages. Please note, this supplemental agreement does not prohibit the parties from continuing to enter into agreed Stipulated Orders for any and all benefits the parties agree to. There are occasions where a Stipulated Order may be the simplest way to capture the agreement of the parties, or to memorialize certain terms such as overpayment credits, etc.
Sarah Burton