Va. Code » Title 65.2. Workers' Compensation » Chapter 3. Application and Effect of Title
Virginia Code

Va. Code Ann. § 65.2-305 (2026)

Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer

✓ current as of May 2026
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A. Those employers not subject to this title may, by complying with the provisions of this title and the applicable rules of the Commission, voluntarily elect to be bound by it as to accidents or occupational diseases or both.

B. Every employer taking out a workers' compensation insurance policy, or qualifying as a self-insurer, shall be subject to all the provisions of this title, regardless of the number of employees or whether he is an employer of farm and horticultural laborers and domestic servants. Such employers not otherwise covered by this title shall be subject to this title only during the period covered by such insurance. Every employee of an employer who has complied with the foregoing requirements shall be subject to all the provisions of this title except that executive officers may reject coverage as provided in § 65.2-300.

Code 1950, § 65-32; 1964, c. 602; 1968, c. 660, § 65.1-35; 1991, c. 355.

Notes of Decisions
Cited in 2 cases, 1997–2003 · leading case: Whitlock v. Whitlock Mech./Check Servs., Inc., 489 S.E.2d 687 (Va. Ct. App. 1997).
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Whitlock v. Whitlock Mech./Check Servs., Inc., 489 S.E.2d 687 (Va. Ct. App. 1997). · cites it 16× “Claimant argues that the Workers’ Compensation Commission erred in finding that he was an independent contractor who failed to properly elect coverage pursuant to Code §§ 65.2-305 and 65.2-101(l)(n) and that he was not entitled to benefits as a sole proprietor under these code…”
Yellow Freight Sys., Inc. v. Courtaulds Performance Films, Inc., 580 S.E.2d 812 (Va. 2003). · cites it 2× “Yellow Freight, which self-insures for workers’ compensation coverage pursuant to Code § 65.2-305, paid to Oakley or on his behalf $56,256.”
Va. Code Ann. § 65.2-305(A): 1 case
Whitlock v. Whitlock Mech./Check Servs., Inc., 489 S.E.2d 687 (Va. Ct. App. 1997). “Claimant argues that the Workers’ Compensation Commission erred in finding that he was an independent contractor who failed to properly elect coverage pursuant to Code §§ 65.2-305 and 65.2-101(l)(n) and that he was not entitled to benefits as a sole proprietor under these code…”
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