Virginia Workers Compensation Law is complex. Since an injured worker must prove that an accident "arose out of" the employment, many times injured workers are denied benefits simply for not properly describing their accident. In general, it is important to be able to describe a specific time and place in which an accident occurred and the specific work related "risk" that caused the accident. In some cases, injuries have been found to be covered if they arose over a short period of time, but typically repetitive trauma injuries are not covered. Again, there are some exceptions.
Examples of Cases that may not be covered under Virginia Law
- Cases involving simple bending, walking or stooping without any other factors
- Cases involving lifting small or insignificant items that do not pose a risk that is "peculiar" to the employment.
- Simple motions that are not specifically work related.
- Walking up and down steps with no other work related risks
Examples of cases that may be covered under Virginia Law
- Lifting a specific heavy box that causes pain as the box is being lifted
- Slip and fall cases in which the injured worker can identify what he or she slipped on
- Falls that arise because of a work related risk
There hundres, if not thousands, of examples of cases decided by the Virginia Workers Compensation Commission, the Virginia Court of Appeals and the Supreme Court of Virginia deciding which accidents are and are not covered under the Virginia Workers Compensation Act.