Form 16A (Virginia): the workers' comp owner exemption
Rejection of Coverage. Who can file it, where to get it, how to file, the fee, when it takes effect, and how often it renews — from Virginia Workers’ Compensation Commission.
Form 16A filing snapshot
FormForm 16A — Rejection of Coverage
Issuing bodyVirginia Workers’ Compensation Commission
Filing methodFile electronically, by mail, or by fax with the Commission; a valid workers’ compensation policy is required for this rejection route.
FeeNo separate filing fee verified
Common mistakeForm 16A is for an executive officer or elected/appointed LLC manager who meets the rule; an LLC member title alone is not enough. It rejects accident/death coverage but does not reject occupational-disease coverage.
When it takes effectAt the later statutory point tied to policy inception and delivery/filing of the rejection notice.
RenewalContinues until revoked with Form 17A.
Watch out forForm 16A requires a valid policy and applies only to qualifying executive officers or elected/appointed LLC managers; it does not reject occupational-disease coverage.
Get the Form 16A from Virginia Workers’ Compensation Commission
Which Virginia owners can use the Form 16A
Sole proprietorA sole proprietor with no employees and no subcontractors is not required to carry coverage solely for themself. Virginia does not issue a waiver or exemption form for that no-coverage situation; a sole proprietor may elect voluntary personal coverage.
LLC memberA single-member LLC member is not covered unless the member elects coverage. Ordinary LLC members are generally not employees solely because of membership, but a member who separately performs paid employee work can count. An elected/appointed LLC manager is an executive officer/employee and may reject accident coverage through Form 16A.
PartnerVirginia's statutory employee definition allows all partners of a business to elect to be included as employees when the insurer is notified. That elective language means partnership ownership itself is not the same as ordinary employee status; separately compensated work and the business's other workers still must be analyzed.
Corporate officerExecutive officers are employees even without regular duties or salary. A qualifying president, vice-president, secretary, treasurer, or other properly elected/appointed officer may file Form 16A to reject coverage for injury or death by accident, but not occupational disease.
Employee threshold: Virginia requires workers' compensation when an employer regularly has more than two employees. Part-time and seasonal workers count, executive officers and LLC managers count, and qualifying subcontractor employees can be included in the total. In construction: Virginia does not publish a separate construction head-count threshold in the cited materials, but contractor rules are unusually important: a contractor must count employees of subcontractors performing the contractor's trade/business or fulfilling its contract. Three or more total statutory employees can trigger coverage even when subcontractors carry their own policies.
Read the full context in the Virginia workers' comp exemption guide, or run the eligibility screener to check your entity type first.
Form 16A (Virginia): frequently asked questions
- Where do I get the Form 16A form in Virginia?
- The Form 16A (Rejection of Coverage) is issued by Virginia Workers’ Compensation Commission. File electronically, by mail, or by fax with the Commission; a valid workers’ compensation policy is required for this rejection route. Use the official link on this page rather than a third-party copy, which may be out of date.
- Is there a fee to file the Form 16A in Virginia?
- No separate filing fee has been verified for this form.
- How often does the Form 16A exemption renew in Virginia?
- Continues until revoked with Form 17A. Watch out: Form 16A requires a valid policy and applies only to qualifying executive officers or elected/appointed LLC managers; it does not reject occupational-disease coverage.
Where this comes from
The Form 16A entry is anchored to Virginia Workers’ Compensation Commission — the state agency that issues and processes the form — not a generalized summary. Source-checked 2026-09-02.