Virginia Form 61A is the Contractor’s Certificate of Workers’ Compensation Insurance, a one-page document every contractor must sign and submit to the local Commissioner of the Revenue when applying for or renewing a business license. The form certifies that you carry workers’ compensation coverage as required by Virginia Code §§ 65.2-800 and 58.1-3714, or that your business is exempt because it falls below the employee threshold. Without a completed 61A, the locality will not issue or reissue your license. You can download the current version free from the Virginia Workers’ Compensation Commission at workcomp.virginia.gov.1Virginia Workers’ Compensation Commission. Certificate of Workers’ Compensation Insurance (Form 61A)
Who Has To File It
Every contractor applying for a new business license or renewing an existing one in a Virginia county, city, or town files a signed 61A with the local Commissioner of the Revenue.1Virginia Workers’ Compensation Commission. Certificate of Workers’ Compensation Insurance (Form 61A) The requirement is specific to contractors — general contracting, electrical, plumbing, HVAC, roofing, landscaping, and similar trades — not every business license applicant.
Contractors who believe they are exempt from carrying workers’ compensation still file the form. In that case you leave the insurance section blank and answer a short set of questions at the bottom that establish why coverage is not in place. Either way, the certificate goes in with your license paperwork.
Whether You Actually Need Coverage
Virginia law requires any business that regularly employs more than two part-time or full-time workers to carry workers’ compensation insurance.2Virginia Workers’ Compensation Commission. Employers The statutory definition of “employee” is broad: part-time, seasonal, temporary, minors, trainees, and working family members all count. Corporate officers and LLC managers count too, even if they take no salary and do no regular work.3Virginia Workers’ Compensation Commission. Frequently Asked Questions
Contractors face one extra rule that catches people out. If you hire subcontractors, the subcontractors’ employees count toward your total. Combine your own workers with every subcontractor’s workers; if the total is more than two, you need coverage, whether or not the subs carry their own policies.2Virginia Workers’ Compensation Commission. Employers A one-person shop that regularly brings in a two-person framing crew is already over the line.
Filling Out the Form
The 61A has three parts: contractor information, insurance details, and a signed certification.
Contractor Information
The top section identifies the business. You will enter:
- Contractor name (your last and first name as the individual applicant)
- Business or trade name (DBA or legal entity name)
- Federal Employer ID or Tax ID number; sole proprietors without an EIN use their Social Security number
- Mailing address and business address, with city, state, and ZIP
- Home and business phone numbers and an email address
- Business type — check the box for corporation, LLC, sole proprietorship, partnership, or other
- The number of corporate officers, paid LLC members, or partners in the business
Insurance Details
In the middle section, write in your type of trade or industry (for example, “residential electrical” or “commercial plumbing”). Then check the box for how your business secures its workers’ compensation liability. The common option is an insurance policy from a carrier licensed to write workers’ comp in Virginia; the statute also recognizes self-insurance, group self-insurance associations, professional employer organizations, and, for public entities, local government pools.4Virginia Code Commission. Virginia Code 65.2-801 – Insurance or Proof of Financial Ability To Pay Required
After checking the right box, fill in the NCCI carrier code (your insurer can give you this), the name of the carrier, the policy or certificate number, and the effective and expiration dates.
If You Do Not Carry Coverage
If your business is not insured, the form does not stop at a blank insurance section. You answer three questions at the bottom:
- Do you have more than two part-time or full-time employees?
- Do you hire independent contractors or subcontractors with employees to assist in your work?
- How many subcontractor workers assist you in your work?
Those answers let the Commissioner of the Revenue decide whether you are genuinely exempt or whether you should have coverage and do not. If the numbers put you over the two-employee threshold, expect the locality to hold up your license until you buy a policy. A sole proprietor with no employees and no subcontractors is not required to carry coverage, and Virginia does not issue a separate waiver — the completed 61A is the record.3Virginia Workers’ Compensation Commission. Frequently Asked Questions
Signature
Sign and date the form at the bottom and print your name beneath the signature. By signing, you certify under penalty of perjury that the information is correct and that your business will comply with Chapter 8 of Title 65.2 for the full business license period.5Virginia Workers’ Compensation Commission. Contractor’s Certificate of Workers’ Compensation Insurance (Form 61-A) Knowingly submitting a false certificate is a Class 3 misdemeanor.
Where To Send It
Deliver the signed 61A to the Office of the Commissioner of the Revenue in the Virginia locality where you are applying for the business license.1Virginia Workers’ Compensation Commission. Certificate of Workers’ Compensation Insurance (Form 61A) Each county, city, and independent town has its own Commissioner, so the office and address depend on where your business operates. Most localities accept the form in person or by mail with the license application packet; some also take it electronically. Check your local Commissioner’s website for the available submission options.
What It Costs To Get This Wrong
Operating uninsured when the law requires coverage carries real financial exposure. Virginia can assess a civil penalty of up to $250 per day for each day the employer goes uninsured, capped at $50,000 plus costs.6Virginia Code Commission. Virginia Code 65.2-805 – Civil Penalty for Violation of 65.2-800 The daily rate builds fast: a month uninsured runs to roughly $7,500 before the cap even factors in.
On top of the fine, your business license application will be denied or your renewal refused. And if an employee is hurt while you are uninsured, you remain personally liable for all compensation and medical costs, with none of the protection a policy would provide.7Virginia Code Commission. Virginia Code 65.2-800 – Duty To Insure Payment of Compensation
Edge Cases Contractors Ask About
Sole Proprietors
A sole proprietor with no employees who does not hire subcontractors is not required to carry workers’ compensation, though you can buy coverage voluntarily.3Virginia Workers’ Compensation Commission. Frequently Asked Questions You still file the 61A, leave the insurance block empty, and answer the three exemption questions to show the business falls below the threshold.
Corporate Officers and LLC Managers
Corporate officers and LLC managers count as employees under Virginia law, even without a salary. An officer who wants to opt out must file a separate Rejection of Coverage form with both the Workers’ Compensation Commission and the insurer.3Virginia Workers’ Compensation Commission. Frequently Asked Questions Once that rejection is properly on file and the officer draws no regular pay, they do not count toward the two-employee threshold. Simply leaving the officer off the policy is not enough.
Single-Member and Multi-Member LLCs
A single-member LLC is a specific case: the sole member is not automatically covered under the Act and has to notify the insurer if they want coverage. For multi-member LLCs, members who both perform work and receive compensation should be counted toward the employee total.3Virginia Workers’ Compensation Commission. Frequently Asked Questions
Renewal and Mid-Year Changes
Form 61A is not a one-time filing. You certify compliance for the duration of your business license, so a new 61A goes in with each renewal reflecting your current insurance status. Switching carriers mid-license-period does not automatically trigger a new filing with the Commissioner, but maintaining continuous coverage is what keeps you in compliance with the underlying statute.7Virginia Code Commission. Virginia Code 65.2-800 – Duty To Insure Payment of Compensation
If your business grows past the two-employee threshold during the license period — a third hire, or new subcontractors whose workers push the total over — you need to obtain coverage immediately. The duty to insure attaches the moment you cross the line, not at your next renewal.