Virginia § 65.2-313 - Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310
Full text of Virginia Code of Virginia § 65.2-313 — Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310, with citation guidance and answers to common questions.
§ 65.2-313. Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310
In any action or claim for damages by an employee, his personal representative or other person against any person other than the employer under § 65.2-310, or in any action brought, or claim asserted, by the employer under his right of subrogation provided for in § 65.2-309, if a recovery is effected, the employer shall pay to the employee a percentage of each further entitlement as it is submitted equal to the ratio the total attorney's fees and costs bear to the total third-party recovery until such time as the accrued post-recovery entitlement equals that sum which is the difference between the gross recovery and the employer's compensation lien. In ordering payments under this section, the Commission shall take into account any apportionment made pursuant to § 65.2-311.
For the purposes of this section, "entitlement" means compensation and expenses for medical, surgical and hospital attention and funeral expenses to which the claimant is entitled under the provisions of this title, which entitlements are related to the injury for which the third-party recovery was effected.
1994, c. 586.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 65.2-313
What does Code of Virginia § 65.2-313 cover?
Section 65.2-313 ("Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 65.2-313?
A common citation format is "Code of Virginia § 65.2-313" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 65.2-313 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.