If any payment is not paid within two weeks after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 percent thereof, unless the Commission finds that any required payment has been made as promptly as practicable and (i) there is good cause outside the control of the employer for the delay or (ii) in the case of a self-insured employer, the employer has issued the required payment to the employee as a part of the next regular payroll after the payment becomes due. No such penalty shall be added, however, to any payment made within two weeks after the expiration of (a) the period in which Commission review may be requested pursuant to § 65.2-705 or (b) the period in which a notice of appeal may be filed pursuant to § 65.2-706. No penalty shall be assessed against the Commonwealth when the Commonwealth has issued a regular payroll payment to the employee in lieu of compensation covering the period of disability. As used in this section, a regular payroll payment issued by the Commonwealth includes payments issued net of deductions for elected and mandatory benefits and other standard deductions.
1970, c. 470, § 65.1-75.1; 1991, c. 355; 1994, c. 248; 1997, c. 383; 1999, c. 782; 2012, c. 270.
Structure Code of Virginia
Title 65.2 - Workers' Compensation
Chapter 5 - Compensation and Payment Thereof
§ 65.2-501. Incapacity after permanent loss
§ 65.2-506. Compensation after second injury in same employment
§ 65.2-507. Same employment; when both injuries permanent
§ 65.2-509. Commencement of compensation
§ 65.2-510. Refusal of employment; compensation for partial incapacity
§ 65.2-510.1. Employee imprisonment; suspension of benefits
§ 65.2-511. Compensation to employee's distributees upon his death from any other cause
§ 65.2-512. Compensation to dependents of an employee killed; burial expenses
§ 65.2-514. Special provisions for coal worker's pneumoconiosis claims for total disability or death
§ 65.2-515. Persons conclusively presumed to be wholly dependent
§ 65.2-516. Other cases of dependency
§ 65.2-517. Termination of dependency
§ 65.2-518. Limitation upon total compensation
§ 65.2-519. When limitations inapplicable to injuries arising out of pneumoconiosis
§ 65.2-520. Voluntary payment by employer
§ 65.2-522. Lump sum payments, generally
§ 65.2-523. Lump sum payments to trustees
§ 65.2-524. Failure to pay compensation within two weeks after it becomes due
§ 65.2-525. Who may receive payment and receipt therefor
§ 65.2-526. Payment to junior dependents in good faith
§ 65.2-527. When employee's rights exercised by guardian or trustee
§ 65.2-528. Time limitations on persons under disability
§ 65.2-530. Preferences and priorities
§ 65.2-531. Assignments of compensation; exemption from creditors' claims