What Kind of Injuries Are Covered Under the Virginia Workers’ Compensation Act?

Posted on Friday, May 27th, 2016 at 2:00 pm    

Employees are generally entitled to apply for Virginia Workers’ Compensation Benefits if they suffer an accident at work or acquire an occupational disease.

Work Accidents

Accidents must meet the following three tests:

  1. The accident must occur while the employee is at work or doing a work-related task. An accident at home is unlikely to be covered.
  2. The accident has to be due to some specific work activity.
  3. The accident has to occur at a specific time. Injuries that happen from repeat trauma or incur over weeks, months, or injuries are not covered as an accident. They may be covered as an occupational disease.
  4. The accident must be due to a risk of employment. Just moving in a normal manner is not a risk of employment. For instance, if you are walking down the steps and trip for no apparent reason, this is not covered; however, if there was something wrong with the steps, or you were loaded down with carrying work items, or your shoes were full of oil from the factory floor, that is compensable.

 

Occupational Diseases

 Diseases must be caused by work. Diseases of the back, neck or spinal column such as degenerative disc disease are not covered. If there was an injury that caused the back, neck, or spine problem – then the pain may be covered as a work related injury.

Injured at Work? Contact Experienced Virginia Injured Worker’s Compensation Lawyer Joe Miller

Joe Miller works to get his clients strong justice. He has over 25 years of experience fighting the lawyers for the insurance carriers and for employers. He explains the litigation process, prepare each case for a full hearing, and negotiates fair settlements when possible. Phone attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com.