{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/65.2-812.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/65.2-812.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/65.2-812.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/65.2-812.html"}],"law_id":376680,"edition_id":2,"section_id":376680,"structure_id":53551,"section_number":"65.2-812","catch_line":"Subrogation of insurance carrier to employer’s rights; compromise","history":"Code 1950, \u00a7 65-108; 1968, c. 660, \u00a7 65.1-112; 1991, c. 355.","full_text":"When any employer is insured against liability for compensation with an insurance carrier, and such insurance carrier shall have paid any compensation for which the employer is liable or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; however, nothing herein shall be construed as conferring upon the insurance carriers any other or further rights than those existing in the employer at the time of the injury to his employee, anything in the policy of insurance to the contrary notwithstanding. No compromise settlement shall be made by the insurance carrier in the exercise of such right of subrogation without the approval of the Workers’ Compensation Commission and the injured employee or the personal representative or dependents of the deceased employee being first obtained.\n\n","order_by":null,"text":{"0":{"id":1406519,"text":"When any employer is insured against liability for compensation with an insurance carrier, and such insurance carrier shall have paid any compensation for which the employer is liable or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; however, nothing herein shall be construed as conferring upon the insurance carriers any other or further rights than those existing in the employer at the time of the injury to his employee, anything in the policy of insurance to the contrary notwithstanding. No compromise settlement shall be made by the insurance carrier in the exercise of such right of subrogation without the approval of the Workers’ Compensation Commission and the injured employee or the personal representative or dependents of the deceased employee being first obtained.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":53551,"edition_id":2,"name":"Insurance and Self-Insurance","identifier":"8","label":"chapter","depth":2,"order_by":8,"parent_id":53539,"metadata":{"child_laws":29,"child_structures":0},"date_created":"2026-08-02 03:18:18","date_modified":"2026-08-02 12:37:27","permalink":{"id":1503661,"object_type":"structure","relational_id":53551,"identifier":"8","token":"65.2\/8","url":"\/65.2\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53539,"edition_id":2,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":138,"parent_id":null,"metadata":{"child_laws":163,"child_structures":13},"date_created":"2026-08-02 03:18:04","date_modified":"2026-08-02 12:37:26","permalink":{"id":1503117,"object_type":"structure","relational_id":53539,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376667,"structure_id":53551,"section_number":"65.2-800","catch_line":"Duty to insure payment of compensation; effect of insurance","url":"\/65.2-800\/","token":"65.2\/8\/65.2-800","metadata":false},{"id":376668,"structure_id":53551,"section_number":"65.2-801","catch_line":"Insurance or proof of financial ability to pay required","url":"\/65.2-801\/","token":"65.2\/8\/65.2-801","metadata":false},{"id":376669,"structure_id":53551,"section_number":"65.2-802","catch_line":"Requirements for licensure as group self-insurance association; annual assessment","url":"\/65.2-802\/","token":"65.2\/8\/65.2-802","metadata":false},{"id":376671,"structure_id":53551,"section_number":"65.2-803","catch_line":"Administrator and service company affiliation prohibited; exception","url":"\/65.2-803\/","token":"65.2\/8\/65.2-803","metadata":false},{"id":376670,"structure_id":53551,"section_number":"65.2-803.1","catch_line":"Requirements for registration as professional employer organization; annual assessment","url":"\/65.2-803.1\/","token":"65.2\/8\/65.2-803.1","metadata":false},{"id":376672,"structure_id":53551,"section_number":"65.2-804","catch_line":"Evidence of compliance with title; notices of cancellation of insurance","url":"\/65.2-804\/","token":"65.2\/8\/65.2-804","metadata":false},{"id":376673,"structure_id":53551,"section_number":"65.2-805","catch_line":"Civil penalty for violation of \u00a7\u00a7 65.2-800, 65.2-803.1, and 65.2-804","url":"\/65.2-805\/","token":"65.2\/8\/65.2-805","metadata":false},{"id":376674,"structure_id":53551,"section_number":"65.2-806","catch_line":"Criminal penalties","url":"\/65.2-806\/","token":"65.2\/8\/65.2-806","metadata":false},{"id":376675,"structure_id":53551,"section_number":"65.2-807","catch_line":"Cost of insurance may not be deducted from wages","url":"\/65.2-807\/","token":"65.2\/8\/65.2-807","metadata":false},{"id":376676,"structure_id":53551,"section_number":"65.2-808","catch_line":"Self-insurance certificate","url":"\/65.2-808\/","token":"65.2\/8\/65.2-808","metadata":false},{"id":376677,"structure_id":53551,"section_number":"65.2-809","catch_line":"Constructive notice to, jurisdiction of, and awards, etc., binding upon insurer","url":"\/65.2-809\/","token":"65.2\/8\/65.2-809","metadata":false},{"id":376678,"structure_id":53551,"section_number":"65.2-810","catch_line":"How formal notice may be given","url":"\/65.2-810\/","token":"65.2\/8\/65.2-810","metadata":false},{"id":376679,"structure_id":53551,"section_number":"65.2-811","catch_line":"Liability of insurer","url":"\/65.2-811\/","token":"65.2\/8\/65.2-811","metadata":false},{"id":376680,"structure_id":53551,"section_number":"65.2-812","catch_line":"Subrogation of insurance carrier to employer's rights; compromise","url":"\/65.2-812\/","token":"65.2\/8\/65.2-812","metadata":false},{"id":376683,"structure_id":53551,"section_number":"65.2-813","catch_line":"Insurance deemed subject to title; approval of forms","url":"\/65.2-813\/","token":"65.2\/8\/65.2-813","metadata":false},{"id":376681,"structure_id":53551,"section_number":"65.2-813.1","catch_line":"Insurers offering policies with deductibles","url":"\/65.2-813.1\/","token":"65.2\/8\/65.2-813.1","metadata":false},{"id":376682,"structure_id":53551,"section_number":"65.2-813.2","catch_line":"Premium discounts; drug-free workplace programs","url":"\/65.2-813.2\/","token":"65.2\/8\/65.2-813.2","metadata":false},{"id":376684,"structure_id":53551,"section_number":"65.2-814","catch_line":"Insurer to furnish written evidence of coverage on request","url":"\/65.2-814\/","token":"65.2\/8\/65.2-814","metadata":false},{"id":376685,"structure_id":53551,"section_number":"65.2-815","catch_line":"Group self-insurance association required to furnish written evidence of membership","url":"\/65.2-815\/","token":"65.2\/8\/65.2-815","metadata":false},{"id":376686,"structure_id":53551,"section_number":"65.2-816","catch_line":"Title not applicable to boiler, etc., insurance","url":"\/65.2-816\/","token":"65.2\/8\/65.2-816","metadata":false},{"id":376687,"structure_id":53551,"section_number":"65.2-817","catch_line":"Rates; cooperation between State Corporation Commission and Workers' Compensation Commission","url":"\/65.2-817\/","token":"65.2\/8\/65.2-817","metadata":false},{"id":376688,"structure_id":53551,"section_number":"65.2-818","catch_line":"Minimum standards of service for insurers","url":"\/65.2-818\/","token":"65.2\/8\/65.2-818","metadata":false},{"id":376689,"structure_id":53551,"section_number":"65.2-819","catch_line":"Penalty for violation of certain provisions","url":"\/65.2-819\/","token":"65.2\/8\/65.2-819","metadata":false},{"id":376690,"structure_id":53551,"section_number":"65.2-820","catch_line":"Application to State Corporation Commission for assignment of risk; insurer assigned risk to issue policy","url":"\/65.2-820\/","token":"65.2\/8\/65.2-820","metadata":false},{"id":376692,"structure_id":53551,"section_number":"65.2-821","catch_line":"State Corporation Commission to make rules and regulations, and establish rating schedules and rates","url":"\/65.2-821\/","token":"65.2\/8\/65.2-821","metadata":false},{"id":376691,"structure_id":53551,"section_number":"65.2-821.1","catch_line":"Payment and reimbursement practices; prohibitions","url":"\/65.2-821.1\/","token":"65.2\/8\/65.2-821.1","metadata":false},{"id":376693,"structure_id":53551,"section_number":"65.2-822","catch_line":"Action by State Corporation Commission upon application","url":"\/65.2-822\/","token":"65.2\/8\/65.2-822","metadata":false},{"id":376694,"structure_id":53551,"section_number":"65.2-823","catch_line":"Information filed with State Corporation Commission by insurance carrier to be confidential; exception","url":"\/65.2-823\/","token":"65.2\/8\/65.2-823","metadata":false},{"id":376695,"structure_id":53551,"section_number":"65.2-824","catch_line":"Disclosures not required of State Corporation Commission; liability for acts or omissions","url":"\/65.2-824\/","token":"65.2\/8\/65.2-824","metadata":false}],"previous_section":{"id":376679,"structure_id":53551,"section_number":"65.2-811","catch_line":"Liability of insurer","url":"\/65.2-811\/","token":"65.2\/8\/65.2-811","metadata":false},"next_section":{"id":376683,"structure_id":53551,"section_number":"65.2-813","catch_line":"Insurance deemed subject to title; approval of forms","url":"\/65.2-813\/","token":"65.2\/8\/65.2-813","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-812\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 660; in 1991, chapter 355.<\/p>","references":false,"refers_to":false,"permalink":{"id":1503715,"object_type":"law","relational_id":376680,"identifier":"65.2-812","token":"65.2\/8\/65.2-812","url":"\/65.2-812\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/65.2-812\/","token":"65.2\/8\/65.2-812","dublin_core":{"Title":"Subrogation of insurance carrier to employer’s rights; compromise","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-812","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When any employer<\/span> is insured against liability for compensation with an insurance carrier, and such insurance carrier shall have paid any compensation for which the employer<\/span> is liable or shall have assumed the liability of the employer<\/span> therefor, it shall be subrogated to all the rights and duties of the employer<\/span> and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; however, nothing herein shall be construed as conferring upon the insurance carriers any other or further rights than those existing in the employer<\/span> at the time of the injury<\/span> to his employee, anything in the policy of insurance to the contrary notwithstanding. No compromise settlement<\/span> shall be made by the insurance carrier in the exercise of such right of subrogation without the approval of the Workers’ Compensation Commission<\/span> and the injured employee or the personal representative or dependents of the deceased employee being first obtained.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBROGATION OF INSURANCE CARRIER TO EMPLOYER’S RIGHTS; COMPROMISE (\u00a7\n65.2-812)\n\nWhen any employer is insured against liability for compensation with an\ninsurance carrier, and such insurance carrier shall have paid any compensation\nfor which the employer is liable or shall have assumed the liability of the\nemployer therefor, it shall be subrogated to all the rights and duties of the\nemployer and may enforce any such rights in its own name or in the name of the\ninjured employee or his personal representative; however, nothing herein shall\nbe construed as conferring upon the insurance carriers any other or further\nrights than those existing in the employer at the time of the injury to his\nemployee, anything in the policy of insurance to the contrary notwithstanding.\nNo compromise settlement shall be made by the insurance carrier in the exercise\nof such right of subrogation without the approval of the Workers’\nCompensation Commission and the injured employee or the personal representative\nor dependents of the deceased employee being first obtained.\n\nHISTORY: Code 1950, \u00a7 65-108; 1968, c. 660, \u00a7 65.1-112; 1991, c. 355.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}