Virginia Workers’ Compensation Law Alert: New Failure-to-Report Civil Penalties for Self-Insurers Now in Effect (Effective January 1, 2026)

Effective January 1, 2026, the Virginia Workers’ Compensation Commission began enforcing new civil penalties for failures to comply with required reporting obligations under the Virginia Workers’ Compensation Act.

Pursuant to Code of Virginia § 65.2-902(A), self-insurers and insurance carriers that fail to make required reports to the Commission will now be subject to mandatory civil penalties for non-compliance.

Key points to know

• Who is affected: Self-insured employers and insurance carriers
• Penalty amount: A civil penalty of not less than $500 for failure to make required reports
• Authority: Code of Virginia § 65.2-902(A) (Failure to make required reports; civil penalty)

This enforcement change elevates the importance of timely and accurate reporting across all Virginia workers’ compensation claims. Even administrative oversights may now carry direct financial consequences, increasing exposure for self-insured employers and carriers that lack strong internal compliance controls.

What to do now

Self-insurers and carriers should:

• Review internal claims reporting protocols
• Confirm vendor and TPA reporting responsibilities and timelines
• Audit current compliance practices to avoid penalty exposure beginning in 2026

Questions?

If you have questions about how this new enforcement initiative may impact your Virginia workers’ compensation reporting obligations, or would like assistance reviewing compliance procedures, please contact Chartwell Partner Rob Baker or another member of our Virginia Workers’ Compensation team for guidance.