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Who Does Not Qualify as an Employee under Virginia Worker’s Compensation Law?

Not every worker is entitled to worker’s compensation protection in Virginia. As always, it’s best to consult with an experienced workers’ compensation attorney if you’ve been injured while working. An experienced attorney may be able to find a way for you to qualify. Some categories of workers who can’t collect workers’ compensation benefits are these:

  • Many elected officials
  • Individuals working in jobs where the work performed was not in the usual course of the trade, business, occupation or profession of the employer
  • Casual employees
  • Domestic servants
  • Real estate brokers who work primarily on commission; there’s a written contract confirming that the broker is an independent contractor and the contract also provides that the worker will not be considered an employee for federal tax purposes
  • Some farm workers
  • Companies where the employer has less than 3 employees – though exceptions may apply
  • Companies where there’s no contract for hire or apprenticeship
  • Other categories

Contact a Workers’ Comp Attorney in Norfolk

Joe Miller has been representing employees in Norfolk and throughout Virginia for over 25 years, and he can help you with your worker’s compensation claim. If you have any questions about your legal rights and options, your status as an employee, or any other issues related to a workplace injury, contact Joe Miller Law, today at (888) 694-1671 for the experienced help you need.

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.