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Virginia

    Region
    Virginia
    Required to Report
    Yes
    What to Report
    Any Toxin-Related Poisoning
    State Office
    Local Health Department
    Timeframe to Report Injury or Exposure
    Three days
    Reporting Notes

    Use the Virginia Health Department's Local Health Districts page to locate your local health center.

    WPS Enforcement
    Worker Protection Standard Enforcement Agency

    Department of Agriculture and Consumer Services, Office of Pesticide Services https://vapesticidesafety.com/WPS_Main.shtml

    Coverage for Farmworkers
    Required (with limitations)
    Limitations
    Employee shall not include farm and horticultural laborers, unless the employer regularly has in service more than three full-time employes.
    Statute
    Va. Code Ann. § 65.2-101 (2011) (see (1)(a) under "employee means" and (2)(g) under "employee does not mean")
    Coverage for Undocumented Workers
    No
    Case Law
    Virginia case law has held that undocumented aliens are ineligible for workers' compensation, because they were not employees under the Workers' Compensation Act. E.g., Granados v. Windson Dev. Corp., 509 S.E.2d 290 (Va. 1999). However, in 2000, Va. Code Ann. § 65.2-101 (definition of "employee" (1)(a)) (2008) was amended to include aliens, whether lawfully or unlawfully employed, in the definition of "employee." The statute doesn't have retroactive application, so it only applies to injuries happening after that date. Additionally, false representation of identity when filing the claim will bar recovery. Rodriguez v. Pivaral Mendoza Corp., 2011 WL 438557 (Va. Work. Comp. Comm. 2011); see also Marblex Design Intl. v. Stevens, 59 Va. App. 299, (2009) (stating that the illegal alien employee's wife was eligible for death benefits under the Act even though it was potentially a sham marriage).
    Benefits Available for Undocumented Workers
    There is no case law answering this question.
    Additional Information
    The spouses of illegal alien employees may receive death benefits under the Act. Marblex Design Intl. v. Stevens, 59 Va. App. 299, (2009) (stating that the illegal alien employee's wife was eligible for death benefits under the Act even though it was potentially a sham marriage).