Coverage for Farm Workers: Required (with limitations)

Limitations: Employee shall not include farm and horticultural laborers, unless the employer regularly has in service more than three full-time employes.

Statute: Va. Code Ann. § 65.2-101 (2011) (see (1)(a) under "employee means" and (2)(g) under "employee does not mean")

Coverage for Undocumented Workers: No

Case Law: Virginia case law has held that undocumented aliens are ineligible for workers' compensation, because they were not employees under the Workers' Compensation Act. E.g., Granados v. Windson Dev. Corp., 509 S.E.2d 290 (Va. 1999). However, in 2000, Va. Code Ann. § 65.2-101 (definition of "employee" (1)(a)) (2008) was amended to include aliens, whether lawfully or unlawfully employed, in the definition of "employee." The statute doesn't have retroactive application, so it only applies to injuries happening after that date. Additionally, false representation of identity when filing the claim will bar recovery. Rodriguez v. Pivaral Mendoza Corp., 2011 WL 438557 (Va. Work. Comp. Comm. 2011); see also Marblex Design Intl. v. Stevens, 59 Va. App. 299, (2009) (stating that the illegal alien employee's wife was eligible for death benefits under the Act even though it was potentially a sham marriage).

Benefits Available for Undocumented Workers: There is no case law answering this question.