Virginia’s Seven-Day Waiting Period for Workers’ Compensation Benefits
As a workers comp lawyer in Roanoke, Virginia, one question we frequently encounter from injured workers revolves around initial payments they expect to receive after a workplace injury:
“Why didn’t I get paid for the first week I was out of work?”
If this situation sounds familiar, you are not alone. It is a rule known as the Seven-Day Waiting Period. Virginia law explicitly outlines this waiting period in the Code of Virginia (§ 65.2-509), and understanding the Seven-Day Waiting Period and how you can navigate around it can help manage expectations about initial benefits when temporarily disabled due to work injuries.
What is the Seven-Day Waiting Period?
The Seven-Day Waiting Period refers to the initial seven calendar days following your injury, during which workers’ compensation wage-loss benefits are generally not payable. According to the Virginia Workers’ Compensation Commission (VWC), temporary indemnity payments—benefits often referred to as temporary total disability (TTD) or temporary partial disability (TPD)—only become payable starting on the eighth calendar day of incapacity from work.
The Seven-Day Waiting Period can be frustrating, given that the first week following an injury can financially burden families already experiencing stress and uncertainty. However, as challenging as the rule may feel, it remains mandatory for Virginia workers’ compensation claims.
Recovering Pay for the Initial Seven Days
The good news: there are important exceptions under Virginia law, giving injured workers the ability to recover compensation eventually for those first seven missed days. While the initial week is not immediately paid, if your period of incapacity extends far enough, payment for your initial waiting period does, indeed, occur.
Virginia law states clearly in Code Section § 65.2-509 that if a worker misses over 21 days of work due to the severity and nature of the job-related injury or illness, employers must retroactively compensate the individual for that initial Seven-Day Waiting Period. This means that, although you will not receive compensation initially during that seven-day window, once your incapacity from work exceeds 21 calendar days, your employer’s insurance carrier must retroactively provide payment for the first seven days missed.
What Should You Do During the Waiting Period?
While you cannot actively change the Seven-Day Waiting Period requirement itself, certain steps may help ensure your workers’ compensation claim proceeds smoothly. First and foremost, ensure you report your injury promptly to your employer and seek appropriate medical care without delay. Next, document everything thoroughly: medical appointments, discussions with your employer, and communications with insurance companies. Clear and accurate documentation can reduce processing delays and help expedite the claims procedure once the waiting period concludes.
Furthermore, understand that your entitlement to medical benefits begins immediately, from the moment your injury occurs. The seven-day waiting period applies strictly to wage-replacement benefits, not to coverage of medical treatment, prescriptions, or related medical bills. Workers’ compensation insurance should pay medical expenses directly associated with your injury immediately, regardless of duration missed from work.
Navigating the Seven-Day Waiting Period
While the Seven-Day Waiting Period can seem confusing and frustrating, understanding its purpose, implications, and exceptions can save unnecessary stress and anxiety. If you have questions or uncertainties regarding the timeline and eligibility for compensation benefits following a work injury, feel free to give us a call. We help injured Virginians with securing a fair and appropriate outcome in every case – and make sure you get paid what you deserve.