When any employer is insured against liability for compensation with an insurance carrier, and such insurance carrier shall have paid any compensation for which the employer is liable or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; however, nothing herein shall be construed as conferring upon the insurance carriers any other or further rights than those existing in the employer at the time of the injury to his employee, anything in the policy of insurance to the contrary notwithstanding. No compromise settlement shall be made by the insurance carrier in the exercise of such right of subrogation without the approval of the Workers' Compensation Commission and the injured employee or the personal representative or dependents of the deceased employee being first obtained.
Code 1950, § 65-108; 1968, c. 660, § 65.1-112; 1991, c. 355.
Structure Code of Virginia
Title 65.2 - Workers' Compensation
Chapter 8 - Insurance and Self-Insurance
§ 65.2-800. Duty to insure payment of compensation; effect of insurance
§ 65.2-801. Insurance or proof of financial ability to pay required
§ 65.2-802. Requirements for licensure as group self-insurance association; annual assessment
§ 65.2-803. Administrator and service company affiliation prohibited; exception
§ 65.2-803.1. Requirements for registration as professional employer organization; annual assessment
§ 65.2-804. Evidence of compliance with title; notices of cancellation of insurance
§ 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and 65.2-804
§ 65.2-806. Criminal penalties
§ 65.2-807. Cost of insurance may not be deducted from wages
§ 65.2-808. Self-insurance certificate
§ 65.2-809. Constructive notice to, jurisdiction of, and awards, etc., binding upon insurer
§ 65.2-810. How formal notice may be given
§ 65.2-811. Liability of insurer
§ 65.2-812. Subrogation of insurance carrier to employer's rights; compromise
§ 65.2-813. Insurance deemed subject to title; approval of forms
§ 65.2-813.1. Insurers offering policies with deductibles
§ 65.2-813.2. Premium discounts; drug-free workplace programs
§ 65.2-814. Insurer to furnish written evidence of coverage on request
§ 65.2-815. Group self-insurance association required to furnish written evidence of membership
§ 65.2-816. Title not applicable to boiler, etc., insurance
§ 65.2-818. Minimum standards of service for insurers
§ 65.2-819. Penalty for violation of certain provisions
§ 65.2-821.1. Payment and reimbursement practices; prohibitions
§ 65.2-822. Action by State Corporation Commission upon application