{"id":4378,"date":"2017-12-11T11:28:47","date_gmt":"2017-12-11T15:28:47","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4378"},"modified":"2017-12-11T11:28:47","modified_gmt":"2017-12-11T15:28:47","slug":"virginia-workers-compensation-faqs-2","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/virginia-workers-compensation-faqs-2\/","title":{"rendered":"Virginia Workers\u2019 Compensation \u2013 FAQs"},"content":{"rendered":"<p><strong>Who is covered under the Virginia <a href=\"https:\/\/joemillerinjurylaw.com\/practice-areas\/workers-compensation\/\">Workers\u2019 Compensation<\/a> Act?<\/strong><br \/>\nThe Virginia worker\u2019s compensation law covers every person who works in the service of another for hire or as an apprentice. This includes aliens and minors. It includes people whether the contract or apprenticeship is in writing or employed and even whether the contact is legal or not. The only exception is for workers who are not employed in the usual course of the trade, business, occupation or profession of the employer.<\/p>\n<p><strong>What kinds of injuries are covered under the law?<\/strong><br \/>\nInjuries that can be identified by a single occurrence. Workplace injuries are generally covered in Virginia if:<\/p>\n<ul>\n<li>They were caused by an accident<\/li>\n<li>They were work related<\/li>\n<li>The occurred during work as opposed to away from work and<\/li>\n<li>The injuries must have been caused by the accident. The injury normally be due to physical change in the body.<\/li>\n<\/ul>\n<p>Virginia also covers occupational diseases such as respiratory problems or exposure to toxic chemicals. The disease must be due to work though there is no need to show that specific accident caused the disease. Medical doctors usually are called in to show that the diseases were proximately caused by workplace conditions.<\/p>\n<p>Ordinary diseases generally are not covered unless it can be shown with clear and convincing evidence that the disease resulted from work and not caused outside of work, and that one of the following applies:<\/p>\n<ul>\n<li>The disease was a natural consequence of an actual occupational disease or<\/li>\n<li>The disease was \u201can infectious or contagious disease contracted during ones&#8217; employment in a hospital, sanitarium, laboratory or nursing home, or while otherwise engaged in the direct delivery of health care, or during employment as emergency rescue personnel\u201d or<\/li>\n<li>is characteristic of the employment and was caused by conditions peculiar to the employment.<\/li>\n<\/ul>\n<p>Carpal tunnel syndrome is most frequently found compensable in Virginia while other types of repetitive stress injuries may be more difficult to prove. Hearing loss is also compensable under the ordinary disease standard.<\/p>\n<p>Common types of occupational illnesses include asthma, mesothelioma, bronchitis, chronic encephalopathy, black lung disease and pneumoconiosis.<\/p>\n<p><strong>What workplace injuries are not compensable under Virginia workers\u2019 compensation law?<\/strong><br \/>\nExcept for carpal tunnel syndrome, repetitive stress injuries such as backaches and neckaches are not compensable. Aside from diseases that do not qualify as occupational diseases; back pain, neck pain, and spinal pain are not compensable unless they relate to a specific identifiable accident.<\/p>\n<p><strong>Are emotional claims compensable?<\/strong><br \/>\nAs with other workplace injuries, if a worker suffers psychiatric or emotional problems due to a specific injury, employees can be treated by a psychiatrist or psychologist \u2013 and have the bills paid for. Many workers do suffer emotionally if they, for example, suffer a broken leg. They worry about when they will get better and all the things they can\u2019t do while they\u2019re heal. If there isn\u2019t a traceable accident, psychiatric damages might be compensable if they were a direct natural consequence of some work experience &#8211; such as a nurse who sees someone die.<\/p>\n<p><strong>When must Virginia Workers&#8217; Compensation claims be brought?<\/strong><\/p>\n<ul>\n<li>For accidents, generally two years from the date of the accident.<\/li>\n<li>For occupational diseases, generally two years from the time the worker learns of the illness or five years from the date of the last workplace exposure \u2013 whichever date is earlier.<br \/>\nSome exceptions do apply. It is best to consult with an experienced Virginia workers\u2019 compensation lawyer as soon as possible.<\/li>\n<\/ul>\n<p><strong>Does the employer have any defenses?<\/strong><br \/>\nNot every workplace injury is compensable. Some employee misconduct can negate the right to benefits. Common defenses include:<\/p>\n<p>Injuries that are self-inflicted such as suicide are not compensable. Other workplace injuries that are not paid in Virginia are:<\/p>\n<p>Willful misconduct such as intentionally ignoring safety law if it\u2019s clear that:<\/p>\n<ul>\n<li>The safety rule was proper<\/li>\n<li>The employee knew of the rule<\/li>\n<li>The rule was meant to protect the employee<\/li>\n<li>The employee intentionally ignored the rule<\/li>\n<li>Injuries due to the employer\u2019s use of drugs or alcohol if the employer can show the intoxication or inebriation cause the worker\u2019s injuries.<\/li>\n<li>Employers do have to give formal notice of any defense in compliance with the law. Attorney Joe Miller Esq. can explain if employers failed to give a proper deadline.<\/li>\n<\/ul>\n<p><strong>Can employees be punished for fraud or knowingly making false statements or failing to make necessary disclosures?<\/strong><br \/>\nEmployers who knowingly make a false statement may be found guilty of a felony. They may also lose their right to benefits. Claimants who are getting benefits have a duty to notify their employer of any significant changes that might affect his\/her right to benefits. Examples include returning to another job, remarriage, being sentenced to jail, or other consequences. Employees who obtained workers\u2019 compensation funds through fraud may be liable for any overpayments.<\/p>\n<p><strong>Can an employer fire me if a file a workers\u2019 compensation claim?<\/strong><br \/>\nNo. Employees have a direct right to file a work injury claim in Virginia. If a worker is fired or an employer threatens an employee, the worker should immediately meet with a Virginia worker\u2019s compensation attorney to understand his\/her rights.<\/p>\n<p><strong>What if I\u2019m an independent contractor?<\/strong><br \/>\nWorkers who are not employees cannot generally request workers\u2019 compensation insurance. Whether a worker is an independent contractor or an employee is not always clear. A Virginia work injury attorney can explain whether you might qualify as an employee. Even if the employer says you are an independent contractor, you may be legally an employee and have work injury rights. Some of the factors that can persuade a referee that an employee is really an employee are:<\/p>\n<ul>\n<li>Does the employer have the right to control when, where, and how the worker does his\/her job?<\/li>\n<li>How is the worker paid, how are expenses paid, who supplies the work tools?<\/li>\n<li>The general work relationship. Is there a written contract? Did the worker get benefits such as insurance, vacation, or pensions?<\/li>\n<\/ul>\n<p><strong>Speak with an Experienced Virginia Work Injury Lawyer Today<\/strong><br \/>\nVirginia workers\u2019 compensation attorney Joe Miller Esq. can answer all of your work injury questions. He has successfully represented thousands of injured workers during his twenty-five plus years of experience. For a free consultation, please call him at <strong>(888) 694-1671<\/strong> or complete our <a href=\"https:\/\/joemillerinjurylaw.com\/contact-us\/\">contact form<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Who is covered under the Virginia Workers\u2019 Compensation Act? The Virginia worker\u2019s compensation law covers every person who works in the service of another for hire or as an apprentice. This includes aliens and minors. It includes people whether the contract or apprenticeship is in writing or employed and even whether the contact is legal &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Virginia Workers\u2019 Compensation \u2013 FAQs\" class=\"read-more button\" href=\"https:\/\/joemillerinjurylaw.com\/virginia-workers-compensation-faqs-2\/#more-4378\" aria-label=\"Read more about Virginia Workers\u2019 Compensation \u2013 FAQs\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[1],"tags":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe Miller","author_link":"https:\/\/joemillerinjurylaw.com\/author\/jmiller\/"},"uagb_comment_info":0,"uagb_excerpt":"Who is covered under the Virginia Workers\u2019 Compensation Act? The Virginia worker\u2019s compensation law covers every person who works in the service of another for hire or as an apprentice. This includes aliens and minors. It includes people whether the contract or apprenticeship is in writing or employed and even whether the contact is legal&hellip;","_links":{"self":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4378"}],"collection":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/comments?post=4378"}],"version-history":[{"count":0,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4378\/revisions"}],"wp:attachment":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/media?parent=4378"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/categories?post=4378"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/tags?post=4378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}