Any contract, rule, regulation or device whatsoever the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by § 8.01-57, shall to that extent be void; but in any action brought against any such common carrier under or by virtue of such section, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit or indemnity company that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which such action was brought.
§ 8.01-60.Contracts exempting from liability void; set-off of insurance.
Chapter 3. Actions · Article 6. Injuries to Railroad Employees · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-60 voids any contract, rule, or device meant to let a railroad exempt itself from liability under § 8.01-57, while allowing the carrier to set off amounts it contributed to insurance or benefit funds that already paid the injured employee or their beneficiary on account of the same injury or death.
Full Text of § 8.01-60
Plain-English Summary
Section 8.01-60 prevents a railroad from contracting its way out of the liability § 8.01-57 imposes. Any contract, rule, regulation, or device whose purpose or intent is to let a common carrier exempt itself from that liability is void to that extent — an employee cannot be made to waive the protection in advance.
The statute balances this with a set-off provision: in any action brought under § 8.01-57, the carrier may set off any sum it contributed or paid to an insurance, relief, benefit, or indemnity company, if that fund already paid money to the injured employee or the person entitled to it on account of the same injury or death. The carrier does not have to pay twice for the same loss when it already funded a benefit that covered part of it.
Frequently Asked Questions
Can a railroad make an employee waive their right to sue under § 8.01-57?
No. Section 8.01-60 voids any contract, rule, regulation, or device intended to let the carrier exempt itself from § 8.01-57 liability, to the extent it attempts that exemption.
Can the railroad get credit for benefits it already paid the employee?
Yes, in a limited way. The carrier may set off, in the § 8.01-57 action, any sum it contributed or paid to an insurance, relief, benefit, or indemnity company that already paid money to the injured employee or the person entitled to it for the same injury or death.
Does the set-off apply to any insurance payment the employee received?
It applies specifically to sums the carrier itself contributed or paid to the fund that made the payment — not to insurance the employee purchased independently and unconnected to the carrier’s contributions.
What kinds of agreements does this section void?
Any contract, rule, regulation, or device whose purpose or intent is to enable the carrier to exempt itself from liability created by § 8.01-57 — the statute reaches the substance of the arrangement, not just formal contracts.
Why does the statute allow a set-off if it also voids exemption agreements?
Voiding exemption agreements stops a carrier from eliminating liability outright; the set-off instead prevents a double recovery when a fund the carrier financed has already compensated the employee for the same loss.
Amendment History
Code 1950, § 8-644; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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