If you run a Virginia partnership, whether it must carry workers compensation depends on your workers, not your partners. The partners themselves are treated like self-employed owners: they are not counted toward the more-than-two threshold, and they are not required to cover their own injuries, though the partners may elect, as a group, to be included through the carrier. Coverage becomes mandatory once the partnership regularly has more than two counted workers, meaning three or more, and a subcontractor's employees count toward that number too. So a two-partner firm with no staff is under the line, while a partnership with a small crew can be over it.
Who this is for: General partners in a Virginia partnership, whether a two-partner shop with no staff or a partnership with a payroll of employees.
The short version
- Partners are not counted toward the more-than-two threshold and are not required to cover their own injuries.
- Coverage is required once the firm regularly has more than two counted workers, meaning three or more.
- The partners can elect to bring themselves onto the policy, but Virginia treats that as an all-partners-together choice, not one partner at a time.
- A subcontractor's employees count toward your number, so using subs can push you over the line.
- General partners can be personally exposed if an uninsured worker sues the firm.
How partners are treated
Virginia does not count a general partner as an automatic employee. Like a sole proprietor, a partner sits outside the system unless the partnership elects to include them, and partners do not count toward the more-than-two threshold. A firm made up only of partners, with no other staff, is not required to carry a policy, but the partners can elect coverage through the carrier to insure their own on-the-job injuries. That election is an all-partners-together choice: Virginia's rule covers all partners of a business electing to be included, so the firm either brings its partners onto the policy as a group or leaves them all off, and it cannot cover one working partner while another opts out. That one-at-a-time opt-out belongs to corporate officers and LLC managers, who file the state's Form 16A; it is not how partners work. The count that matters is of employees and a subcontractor's workers, so once the firm regularly has three or more of those, a policy becomes mandatory, and any employees must be covered whether or not the partners include themselves.
Partners and staff on one policy
| Who | Coverage position | Notes |
|---|---|---|
| General partner | Not counted, may elect in | Partners elect in together as a group, not one at a time |
| Firm with only partners, no employees | Not required | Under the more-than-two line; partners may still elect coverage |
| Firm with three or more counted workers | Required | Employees must be covered; a sub's workers count toward the three |
| Employee of the partnership | Covered | Employees are always covered once the firm must carry |
Why personal exposure raises the stakes
In a general partnership, the partners can be personally liable for the firm's obligations. If the partnership fails to carry required comp, it loses the protection that makes comp a worker's only remedy, so an injured worker can choose to sue in civil court, where the firm loses the defenses that the worker was careless, knew the risk, or was hurt by a co-worker. Because a judgment can reach the partners personally, going uninsured concentrates risk on the very people who own the business. Virginia can also fine the firm up to 250 dollars a day, up to a 50,000 dollar cap plus costs, and order it to stop operating. Carrying a policy makes comp the worker's main remedy and generally blocks the lawsuit, protecting both the firm and the partners.
A Virginia Beach example
Illustrative, not a quote. Two partners run a plumbing partnership in Virginia Beach with three employed plumbers. The partners are not counted, but the three plumbers put the firm over the more-than-two line, so a policy is required. Both partners still work in the field, so they elect to include themselves rather than stay off the policy, and all three employees are covered. A general contractor they subcontract for requires proof of coverage, which the firm produces right away because the policy is already in place. When an employee strains his back lifting a water heater, comp pays and the partnership keeps its legal protection. The partners ask us to review their payroll so the plumbing work is rated correctly. See our workers comp for plumbers page.
Real questions Virginia owners ask
Does a Virginia partnership have to carry workers comp?
Once it regularly has more than two counted workers, meaning three or more, yes. Partners are not counted, so a firm made up only of partners is under the line, but employees and a subcontractor's workers count.
Am I counted or covered as a general partner?
You are not counted toward the threshold, and you are not automatically covered. The partners can elect to insure their own on-the-job injuries by asking the carrier to include them, but Virginia treats that as an all-partners-together choice, so the partners go on the policy as a group or not at all.
Can one partner be covered and another not?
No. Virginia's election to bring partners onto the policy applies to all of the partners together, not one at a time, so you cannot insure one working partner and leave another off. The firm either includes its partners as a group or leaves them all out. The partner-by-partner choice people picture exists only for corporate officers and LLC managers, who opt out individually on the state's Form 16A.
Do we have to cover ourselves if it is just the two partners?
No. A partnership made up only of partners, with no other counted workers, is under the more-than-two line and not required to carry. The partners may still elect coverage for their own injuries if they want it.
Do a subcontractor's workers count toward our number?
Yes. Virginia counts a subcontractor's employees along with your own when deciding whether you have more than two, even when the sub carries its own coverage. Using subs can push a small partnership over the line.
Can an injured worker reach the partners personally?
In a general partnership, partners can be personally liable for the firm's obligations, so a judgment can reach them. Carrying comp makes it the worker's main remedy and generally blocks that lawsuit.
Is workers comp the same as our general liability policy?
No. General liability covers harm to other people and their property, while workers comp covers your own workers' on-the-job injuries. A client contract may require both, and they do different jobs.
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 nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I 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)
- Do sole proprietors need workers comp?
- What workers comp does not cover
- Virginia plumber 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.