Virginia Workers Compensation Commission: What Employers Need to Know About COlA

What Is COlA in Virginia?

COlA, short for Compensatory Loss Adjustment, is a statutory requirement in Virginia that allows a workers' compensation claimant to request an additional benefit payment after the initial settlement. The Commission reviews the request and decides whether to adjust the benefit amount.

Who Can File a COlA Request?

Any employee who has received a workers' compensation award and believes the award was too low may file a COlA request. The employee must file within the statutory time limits set by the Commission.

Key Deadlines and Time Limits

The Commission's rules specify that a COlA request must be filed within 90 days of the original award's final payment. If the request is denied, the claimant may appeal to the Virginia Court of Appeals within 30 days of the Commission's decision.

How the Commission Decides

The Commission evaluates whether the original award omitted or undervalued any compensable loss. The decision is based on evidence such as medical reports, expert testimony, and financial documentation.

Typical Outcomes

• Approved – The Commission increases the award.
• Denied – The award remains unchanged.
• Partial – The Commission adjusts only part of the requested amount.

Employer Responsibilities

Employers should:

• Provide all requested documentation promptly.
• Cooperate with the Commission's investigation.
• Maintain accurate records of all settlements.

Common Questions

Can COlA Be Filed After an Appeal?

No. Once the decision is appealed, the COlA window is closed.

Does COlA Affect Insurance Premiums?

Increases in award amounts can lead to higher premiums, but the effect varies by insurer.

What Happens If I Miss the Deadline?

Missing the 90‑day filing period generally bars the request from consideration.

Summary Table