COVID-19 and Virginia Workers’ Compensation (Coronavirus and the Law)

Presently, there is no case law in Virginia that specifically addresses pandemic viruses as occupational diseases and workers’ compensation benefits. However, by definition pandemics are a widespread contagion. Therefore, it is likely that COVID-19 claims could fall within the “ordinary… Read more

COVID-19 And The Longshore And Harbor Workers’ Compensation Act

By F. Nash Bilisoly

While many states, including Virginia, have issued stay at home orders to help reduce the number of persons infected with COVID-19, most ship builders, ship repairmen, terminal and harbor workers are essential employees and must work despite the risk of… Read more

April 24, 2020 | COVID-19 Task Force | Workers' Compensation

Coronavirus And Virginia Workers’ Compensation Part II: Burdens Of Proof And The Stay-At-Home Order

By Megan B. Caramore

This article is a follow up to the Coronavirus and Virginia Workers’ Compensation article found HERE and deals with how social distancing precautions and the Governor’s stay-at-home order may impact the Virginia workers’ compensation treatment of Coronavirus claims. As previously… Read more

April 15, 2020 | COVID-19 Task Force | Workers' Compensation

Coronavirus and Virginia Workers’ Compensation

By Megan B. Caramore

How would the Virginia’s Workers’ Compensation system deal with a virus like the Coronavirus (COVID-19)? It is not to hard to imagine a scenario where a workplace outbreak of the virus leads to multiple worker’s compensation claims. Your workplace remains… Read more

March 2, 2020 | COVID-19 Task Force | Workers' Compensation

Virginia’s Workers’ Compensation And Undocumented Workers: Are Employers Liable For Paying Benefits?

By Dustin T. Narcisse

Undocumented workers in Virginia are entitled to workers’ compensation benefits but not to the same extent as workers who are legally eligible to work in the United States. This concept is commonly misunderstood by workers, employers and workers’ compensation insurers… Read more

February 18, 2020 | Workers' Compensation

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the… Read more

July 19, 2019 | Workers' Compensation

Your Responsibility for Worker’s Compensation May Extend Further Than You Think

Workers’ compensation obligations may extend to cover individuals beyond those you consider to be your traditional employees. While this article considers such obligations under the Virginia Workers’ Compensation Act (VWCA), the consideration may be applicable in other states as well.… Read more

September 27, 2018 | Workers' Compensation

OSHA DEADLINE FOR ELECTRONIC REPORTING OF INJURIES AND ILLNESSES APPROACHING

By George M. Nicholos

Last year, the Occupation Safety and Health Administration, (OSHA), issued a rule that requires certain employers to electronically submit on-the-job injury and illness information. In keeping with its responsibility to improve safety for workers, the change seeks to focus more… Read more

March 16, 2018 | Workers' Compensation

Two Significant Policy Changes by the Trump Administration’s Department of Labor

By Anne G. Bibeau

As we all expected, President Trump has made his mark on numerous federal policies. On June 7, 2017, the U.S. Department of Labor (“DOL”), now under the leadership of Secretary Alexander Acosta, announced that it had withdrawn two of the… Read more

June 20, 2017 | Labor & Employment | Workers' Compensation

New Case Law – Violation of Medical Restrictions

By Megan B. Caramore

The Court of Appeals recently considered whether a claimant’s alleged violation of pre-existing medical restrictions could warrant a denial of workers’ compensation benefits. In Staton v. The Bros. Signal Co., 66 Va. App. 185, 783 S.E.2d 539 (2016), the claimant… Read more

March 17, 2017 | Workers' Compensation

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