VirginiaHB4262026 Regular SessionHouseWALLET

Workers' compensation; employer's offset in event of recovery.

Sponsored By: Destiny LeVere Bolling (Democratic)

Signed by Governor

Summary

Workers' compensation; employer's offset in event of recovery. Amends provisions related to an employer's offset for recovery in certain actions brought under the Virginia Workers' Compensation Act. The bill requires that lifetime medical award benefits and ongoing indemnity award benefits shall remain in full force and effect if the claimant is under such an award at the time that recovery is effected, subject to the employer offset provisions. Under the bill, an employer's credit shall be applied as a continuing, pro rata reduction to benefits otherwise payable under an existing award until the employer's required credit is exhausted. The bill also removes language limiting an employee's entitlement to compensation and expenses for medical, surgical, and hospital attention and funeral expenses.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Workers keep awards with reduced benefit payments

Virginia changes workers’ compensation payments after a worker recovers money from someone other than the employer, including through an employer’s lawsuit. The employer’s credit reduces ongoing benefit payments until the credit runs out, but periodic payments continue. The employer pays a share of each further benefit equal to total attorney fees and costs divided by total recovery. This continues until benefits accrued after recovery equal the gross recovery minus the employer’s compensation lien—its claim for repayment. Existing lifetime medical and ongoing wage-replacement awards remain in force, subject to the credit. Awards cannot be suspended, changed, or ended solely because of the recovery or employer’s credit. Workers with lifetime medical awards need no additional claims for injury- or occupational-disease-related care from an authorized treating physician. During the credit period, employers reimburse the fee-and-cost share of covered medical expenses paid by workers. The Workers’ Compensation Commission must account for any division of fees and costs under the related law. The law also removes the prior definition of “entitlement.”

Sponsors & Cosponsors

Sponsor

  • Destiny LeVere Bolling

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 298 • No: 0

Senate vote • 3/11/2026

Passed Senate Block Vote

Yes: 39 • No: 0

Senate vote • 3/11/2026

Passed Senate Block Vote (40-Y 0--N 0-A)

Yes: 40 • No: 0

Senate vote • 3/11/2026

Reconsideration of Senate passage agreed to by Senate Block Vote

Yes: 40 • No: 0

Senate vote • 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote • 3/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/9/2026

Reported from Commerce and Labor

Yes: 14 • No: 0

House vote • 2/2/2026

Read third time and passed House Block Vote

Yes: 99 • No: 0

House vote • 1/27/2026

Reported from Labor and Commerce with amendment(s)

Yes: 22 • No: 0

House vote • 1/22/2026

Subcommittee recommends reporting with amendment(s)

Yes: 7 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0923)

    4/13/2026Governor
  2. Approved by Governor-Chapter 923 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB426)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB426ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate Block Vote (40-Y 0--N 0-A)

    3/11/2026Senate
  11. Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)

    3/11/2026Senate
  12. Passed Senate Block Vote (39-Y 0-N 0-A)

    3/11/2026Senate
  13. Read third time

    3/11/2026Senate
  14. Passed by for the day Block Vote (Voice Vote)

    3/10/2026Senate
  15. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    3/10/2026Senate
  16. Rules suspended

    3/10/2026Senate
  17. Reported from Commerce and Labor (14-Y 0-N)

    3/9/2026Senate
  18. Referred to Committee on Commerce and Labor

    2/3/2026Senate
  19. Constitutional reading dispensed (on 1st reading)

    2/3/2026Senate
  20. Fiscal Impact Statement from Department of Planning and Budget (HB426)

    2/2/2026House
  21. Read third time and passed House Block Vote (99-Y 0-N 0-A)

    2/2/2026House
  22. Engrossed by House as amended

    1/30/2026House
  23. committee amendment agreed to

    1/30/2026House
  24. Read second time

    1/30/2026House
  25. Read first time

    1/29/2026House

Bill Text

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