Virginia Code
Va. Code Ann. § 65.2-1204 (2026)
Subrogation and recoupment
✓ current as of May 2026
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The Commission shall, upon payment of a claim from the Uninsured Employer's Fund, be subrogated to any right to recover damages which the injured employee or his personal representative or any other person may have against his employer or any other party for such injury or death.
The Commission shall, on behalf of the Uninsured Employer's Fund, refer any unsatisfied claim against an uninsured employer to the Attorney General for collection.
1977, c. 345, § 65.1-150; 1991, c. 355.
Notes of Decisions
Cited in 3
cases, 1998–2013 · leading case: Jeneary v. Commonwealth, 551 S.E.2d 321 (Va. 2001).
Jeneary v. Commonwealth, 551 S.E.2d 321 (Va. 2001). “In this appeal, we consider whether the trial court correctly applied Code §§ 65.2-1204 and 65.2-601.1 of the Virginia Workers’ Compensation Act with respect to claims made by the Uninsured Employer’s Fund and a health care provider against the proceeds of a compromise…”
Uninsured Emp.'s Fund v. Flanary, 497 S.E.2d 912 (Va. Ct. App. 1998). “” Code § 65.2-1204. In addition, the statute permits the Attorney General to “defend any claim against the .”
The Uninsured Emp.'s Fund v. William R. Carter (Va. Ct. App. 2013). “While Carter makes the unsupported assertion that the “Fund’s liability was identical to the employer’s,” thus obviating the need for the commission to note in its order whether the employer or the Fund must pay the interest, the Virginia Supreme Court has held that Code § 65.”
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