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Who Qualifies as an Employee under Virginia Worker’s Compensation Law?

In order to collect workers’ compensation, an injured victim has to be a legal employee. Virginia law defines who does and does not qualify as an employee. The definition includes many types of workers and many types of work. These are some of the many categories that generally qualify someone as an “employee.” An experienced Virginia Workers’ Compensation Lawyer will help tell you if you qualify.

  • Every person, including aliens and minors, in the service of another under any contract of hire or apprenticeship. The contract doesn’t have to be in writing.
  • Members of the Virginia National Guard and the Virginia Naval Militia, members of the Virginia Defense Force, and members of the US Civil Defense Corps of this Commonwealth
  • Most Officers and employees of the Commonwealth, a political subdivision of the Commonwealth, or a municipal corporation. For example, people who work in the local courthouses.
  • Police officers, firefighters, and many others who provide essential service to Virginians.
  • The legal representative of the Estate, dependents, and any other persons to whom compensation may be payable when a valid employee dies.
  • Persons who Employers try to term ‘Independent contractors’ under certain conditions. The most common dispute that arises in this area is whether the worker was an employee or an independent contractor at the time of the accident. A true independent contractor would not be an ‘employee’ and therefore not entitled to benefits. Generally, the key issue is the extent to which the employer controls the work schedule and work of the employee. The employer doesn’t normally control the work schedule and work of independent contractors. We have successfully won this issue on a number of occasions when an employer has denied a claim on this basis.
  • Other selected categories

Contact an Experienced Workers’ Comp Attorney in Virginia

Attorney Joe Miller has helped thousands of Virginia injury victims, and he knows how to help you pursue the compensation you needIf you’ve been hurt at work, you need an experienced workers’ compensation lawyer fighting for you, so contact Joe Miller Esq. at Joe Miller Law, by calling (888) 694-1671 to schedule an initial consultation.

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.