Code of Virginia

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Code of Virginia
Title 65.2. Workers' Compensation
Chapter 9. Reports and Records
4/15/2021

Chapter 9. Reports and Records.

§ 65.2-900. Records and reports of accidents.

A. Every employer shall keep a record of all injuries or deaths of its employees which occur in the course of employment. Within ten days after the occurrence of such injury or death, and knowledge of injury as provided in § 65.2-600, a report of the injury or death shall be made and transmitted to the Commission by the employer, its representative or, in the case of an insured employer, its insurance carrier, in accordance with regulations adopted by the Commission which may authorize the transmission of such reports in written, magnetic, electronic or facsimile media. The Commission shall provide forms and instructions for reporting as required by this section. The Commission shall provide the Department of Labor and Industry with such reports.

B. The accident report shall contain the name, nature and location of the business of the employer and the name, age, sex and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury and the nature and cause of the injury, together with such other information as may be required by the Commission. However, those injuries deemed minor by the Commission shall be reported in the manner prescribed by the Commission.

Code 1950, § 65-115; 1956, c. 351; 1968, c. 660, § 65.1-124; 1991, c. 355; 1995, c. 86.

§ 65.2-901. Report of number of employees, hours of work, etc.

Every employer shall upon request of the Commission report the number of its employees, hours of their labor and number of days of operation of business.

Code 1950, § 65-117; 1968, c. 660, § 65.1-126; 1991, c. 355.

§ 65.2-902. Failure to make required reports; civil penalty.

A. Any employer, insurance carrier, self-insurer, group self-insurance association, or third party administrator who fails to make any report required by the Commission pursuant to this title shall be assessed a civil penalty of not more than $500 for each failure. If the Commission determines that any such failure is willful, it shall assess a civil penalty of not less than $500 and not more than $5,000. The civil penalty herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases.

B. Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).

Code 1950, § 65-118; 1968, c. 660, § 65.1-127; 1970, c. 470; 1991, c. 355; 1993, c. 378; 2014, c. 203.

§ 65.2-903. Records not public.

The records of the Commission, insofar as they refer to accidents, injuries and settlements, shall not be open to the public but only to the parties satisfying the Commission of their interest in such records and their right to inspect them; however, the Commission shall make its records about an injured employee available to the Virginia Employment Commission, the Department of Social Services, or the Virginia Retirement System if any such entity requests such records. The Commission shall promulgate rules to ensure that information for the purpose of determining eligibility for employment shall not be provided without the written consent of the employee.

Code 1950, § 65-119; 1968, c. 660, § 65.1-128; 1991, c. 355; 1993, c. 806; 1996, c. 457; 1997, cc. 796, 895; 2002, c. 693.