LOCAL RULES: VA. CODE 65.2-900

Virginia incident report requirements

Your Virginia incident report has 4 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • The employee's written notice of the accident (within 30 days)
  • Every OSHA 301 item, completed within 7 calendar days for a recordable case
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Virginia's workers' compensation law makes the incident record a legal duty: every work injury is recorded and reported to the Workers' Compensation Commission, and the injured employee's own written notice starts the clock on benefits. Here is each Virginia rule with a link to the official Code and regulations, and what a Virginia incident report should capture alongside the federal OSHA records.

Last reviewed October 13, 2026 against the official sources listed below.

Incident reportVIRGINIA / SAMPLE

Sample notes, 140 words

Company: Northgate Fabrication
Site: 1840 Industrial Pkwy, shipping dock 2
Date: 10/08/2026, about 2:15pm
Injured: Luis Romero, material handler, warehouse crew
Supervisor: Tom Reilly
...
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We sorted 5 items into 4 sections and flagged 1 to fix first.

4 Virginia rules on your checklist, including the injury recorded and reported to the Commission within 10 days (by the employer or insurer).

Still to add

  • NeededType of incident
  • NeededCompleted by
  • RecommendedNotes for damage to property, equipment or the environment

Filled in for you

Company or organizationNorthgate Fabrication
Site address or location1840 Industrial Pkwy, shipping dock 2
Date of the incidentOct 8, 2026
Employee or person involved (full name)Luis Romero, material handler, warehouse crew
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What Virginia requires

  • Every employer keeps a record of all injuries and deaths of its employees in the course of employment, and within ten days after the injury or death and knowledge of it, a report goes to the Workers' Compensation Commission from the employer, its representative or its insurance carrier, in the Commission's formatVa. Code 65.2-900 (A)
  • The accident report gives the employer's name and the nature and location of its business; the injured employee's name, age, sex, wages and occupation; the date and hour of the accident; and the nature and cause of the injury, plus anything else the Commission requiresVa. Code 65.2-900 (B)
  • The injured employee, or a representative, gives the employer written notice of the accident immediately or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury; without written notice within 30 days, no compensation or medical benefit is payable unless the Commission accepts a reasonable excuse and the employer was not prejudicedVa. Code 65.2-600
  • A first report of injury is filed electronically with the Commission on every injury. An injury may be reported as minor only if it meets none of seven criteria: lost time or partial disability over seven days, medical expenses over 1,000 dollars, a denial of compensability, a disputed issue, a death, a permanent disability or disfigurement, or a specific Commission request; if it later meets one, an updated report follows immediately16VAC30-91-10, 16VAC30-91-20
  • An employer, insurer or administrator who fails to make a report the Commission requires is assessed a civil penalty of up to 500 dollars for each failure, and 500 to 5,000 dollars if the failure is willfulVa. Code 65.2-902 (A)
  • Every covered employer posts, where employees will see it, the Commission's notice that it complies with the workers' compensation insurance provisions; failing to give that notice to an employee may waive the employer's defense that the employee gave late notice of the accident16VAC30-50-80 (B) (Rule 7)

Recording and reporting injuries

Employers keep a record of every injury and death in the course of employment, and a report reaches the Commission within ten days of the injury and the employer learning of it, usually through the insurance carrier. The report names the business, the employee's name, age, sex, wages and occupation, the date and hour of the accident, and the nature and cause of the injury.

A first report goes in electronically on every injury. Minor injuries can be flagged as minor, but only if none of the Commission's seven criteria apply, such as more than seven days of lost time, medical bills over 1,000 dollars, or a death. Missing a required report costs up to 500 dollars each, and up to 5,000 dollars if willful.

The employee's notice

The injured worker gives the employer written notice as soon as practicable, with name and address, time and place, and the nature and cause of the accident and injury. Without written notice within 30 days, benefits can be lost unless the Commission accepts a reasonable excuse. Employers must post the Commission's compliance notice, and an employer who did not may lose the late notice defense. Recording the date of the written notice on the incident report settles that question early.

Common mistakes

  • Letting the ten-day report to the Commission slip while waiting for medical bills.
  • Reporting an injury as minor when lost time passes seven days, without updating it.
  • No record of when the employee's written notice arrived.
  • Leaving out the employee's wages or occupation in the accident report.
  • No posted workers' compensation notice in the workplace.

Sources

Last reviewed October 13, 2026. Next review due January 13, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.