If your Virginia business runs on part-time or seasonal staff, they count toward the workers compensation requirement just like full-time employees. Virginia requires coverage once you regularly have more than two employees, meaning three or more, and there is no hours exception that keeps a part-timer from counting. So three part-time or seasonal workers put you over the line the same as three full-timers. Below three counted workers you are not required to carry, though you can choose to, and premium follows payroll, so a small part-time payroll usually means a smaller premium.
Who this is for: Virginia employers with part-time, seasonal, temporary, or on-call staff, such as shops, cafes, and businesses with a busy season.
The short version
- Part-time, seasonal, temporary, and on-call workers all count toward the more-than-two threshold.
- The line is three or more counted workers, with no exception for the hours they work.
- Once you must carry, part-time employees are covered by the policy the same as full-time staff.
- Premium is based on payroll, so a small part-time payroll usually means a smaller premium.
- A subcontractor's workers count too, which can push a part-time crew over the line sooner.
Why hours do not create an exception
Virginia sets the trigger at more than two employees regularly in service, and it counts part-time, seasonal, and temporary workers toward that number without any hours test. That means a seasonal hiring spike, a roster of weekend part-timers, or a couple of on-call staff all count. What matters is how many people are regularly working for you, not how many hours each puts in. So you cannot lean on the idea that someone is only part-time to keep them out of the count. Once you carry a policy, part-timers are covered like anyone else, and if you do not carry when required, the state treats them as employees you should have insured.
How part-time staff affect a policy
| Point | Full-time staff | Part-time or seasonal staff |
|---|---|---|
| Do they count toward the more-than-two rule? | Yes | Yes, no hours exception |
| Covered once you must carry? | Yes | Yes, the same as full-time |
| How they affect premium | Their full payroll counts | Only their actual payroll counts |
| Injury exposure if uninsured | Fines and a lawsuit | Fines and a lawsuit |
The cost and the exposure
Because Virginia comp premium is based on payroll, a business with mostly part-time wages generally pays less than one with the same headcount working full time. That makes coverage more affordable than many owners expect once they are over the line. On the other side, going uninsured does not get safer because the staff are part-time. If a seasonal worker is injured while you should have carried coverage, the Commission can fine you up to 250 dollars a day, up to a 50,000 dollar cap plus costs, and the worker can choose to sue you with your usual defenses removed. One serious injury during a busy season can outweigh years of premium on a small part-time payroll.
A Fairfax example
Illustrative, not a quote. A Fairfax gift shop staffs up with part-time and seasonal help every holiday season and stays small the rest of the year. The owner assumes part-timers do not count until the crew is bigger, but in Virginia three of them already puts the shop over the more-than-two line, so coverage is required. She puts a policy in place, and because a stockroom fall during the December rush could bring fines and a lawsuit, she is glad she did. Since premium follows payroll, her mostly part-time wages keep the cost modest, and we make sure her retail staff is rated on the right kind of work. See our workers comp for retail stores page.
Real questions Virginia owners ask
Do part-time employees need workers comp in Virginia?
They count toward the requirement. Virginia requires coverage once you regularly have more than two employees, and part-time, seasonal, and on-call workers count toward that number with no hours exception.
How many part-time workers before I must buy comp in Virginia?
Three. The line is more than two counted workers, so three part-timers put you over it the same as three full-timers. Two or fewer stays under the line, though you may still choose to buy.
Are part-time workers covered if I carry a policy?
Yes. Once you must carry, part-time and seasonal employees are covered the same as full-time staff. You cannot rely on their part-time status to argue an on-the-job injury would not be covered.
Does hiring seasonal staff change my obligation?
It can put you over the line. Seasonal workers count toward the more-than-two threshold, so a busy-season spike that brings you to three or more counted workers makes coverage required.
Will part-time staff make my premium expensive?
Usually not. Virginia comp premium is based on payroll, so a mostly part-time payroll generally costs less than the same headcount working full time. Coverage is often more affordable than owners expect.
Is going without coverage safer if my staff are part-time?
No. If a part-time worker is injured while you should have carried coverage, the state can fine you and the worker can sue you. One serious injury can outweigh years of premium on a small part-time payroll.
Do temporary or on-call workers count too?
Yes. Temporary and on-call workers count toward the more-than-two threshold in Virginia. There is no category of short-term worker that is left out of the count just for being short-term.
Why Virginia owners choose Morrow
- We shop the right market for you. In Virginia you buy workers' comp on the open market from any private carrier licensed in the state, because there is no state fund, and if no carrier will take you the NCCI-run assigned risk plan (the Virginia Workers' Compensation Insurance Plan) is the guaranteed fallback, so we can shop your rate freely and still have a backstop for hard-to-place work.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Virginia guides
Every Virginia business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Virginia (start here)
- Workers comp: the owner's overview
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- I only employ family: do I need workers comp?
- Remote or out-of-state staff: do I need coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- What workers comp does not cover
- Virginia retail workers comp
This guide is general information, not legal advice. Virginia rules and penalty amounts can change, so verify current requirements with the Virginia Workers' Compensation Commission or a licensed advisor before you rely on them. Last updated: July 2026.