Virginia Injuries

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Can my Norfolk boss make me use my insurance after a highway work injury?

Two years. Under Va. Code § 65.2-601, the mistake that sends people to Google is waiting because a supervisor says, "run it through your own insurance." That can cost you wage benefits, authorized treatment, and control over who gets reimbursed later.

The correct approach is to treat it as a workers' compensation claim immediately if the injury happened in the course of work - for example, a summer highway job near I-64, I-264, or the Midtown Tunnel where tourist traffic, heat, or a blowout caused the injury. Give notice to the employer right away and file a claim with the Virginia Workers' Compensation Commission within 2 years.

Your employer cannot lawfully fire you or cut you out for intending to file or filing a workers' comp claim. Va. Code § 65.2-308 bars discharge for that reason.

Why the pressure to use your own insurance? Because using workers' comp changes who gets paid out of any later settlement.

If a third party caused the injury - a negligent driver, defective tire, or unsafe equipment - the money is usually divided in this order:

  • Attorney's fees and case costs
  • Workers' comp lien under Va. Code § 65.2-309 for benefits already paid
  • Medicare conditional payments, if Medicare paid injury-related bills
  • Virginia Medicaid recovery claim, if Medicaid paid
  • Health insurance reimbursement claim, depending on the plan language

Your boss does not get to decide that by telling you to use your private coverage.

If your health insurer pays first for a clearly work-related injury, it may later demand reimbursement once workers' comp accepts the claim. Medicare and Medicaid are stricter: they must be repaid before you keep the settlement money. In Virginia, medical providers do not automatically outrank these statutory repayment claims just because they treated you.

by Marcus Booker on 2026-03-28

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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