Before 1919, workers in Virginia had to show that an employer was at fault in order to recover lost wages. On 3/21/1918, Virginia became the 37th U.S. state to pass a workers’ compensation law. The law became effective on the first day of 1919.
Since 1919, workers have not had to prove liability. This means that injured workers don’t have to prove the employer caused the accident. All the employee has to show is that the accident was work-related and that they were, in fact, a working employee. They also have to show an injury did occur at work or an occupational illness related to the work occurred.
In most cases, the employer gets workers’ compensation insurance. Employers typically make the employee pay for some of this insurance out of the employee’s paycheck. According to the Virginia Workers’ Compensation Commission, over 3 million employees are covered – about 98% of Virginia’s workforce. In the event a particular employer who is required to carry workers’ comp insurance does not have such insurance, there is an uninsured employer fund operated by the Office of the Virginia Attorney General. Such employers are subject to a fine that is increasing drastically in 2014.
The law sets forth who qualifies for workers’ comp benefits, how claims should be processed and decided, and most importantly what benefits workers can get. The law has been amended several times since 1919.
Norfolk workers’ compensation lawyer Joe Miller at Joe Miller Law, Ltd., understands the ins and outs of the Virginia Workers’ Compensation Laws and is current on any changes. With more than 25 years of experience in helping injured workers fight for the financial assistance they need, he has the knowledge and understanding necessary to help you if you’ve been injured at work or have suffered an occupational illness. Contact Joe Miller Law, Ltd. today at (888) 694-1671 to learn more.