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Virginia Workers Compensation
- Employer fails to notify injured worker about his “light duty” work
- Does family of worker killed in carpool crash get workers’ comp?
- Injured on the job while high? You may still get workers comp!
- Do pre-existing conditions matter for Virginia workers comp claims?
- Clumsy employees deserve workers’ comp benefits, too
Firm News
- Workers’ Compensation Insurance Rates may go down in Virginia
Posted on 8/31/2010 - Virginia Workers: You CAN Be Compensated for Job Related Hearing Loss
Posted on 5/31/2010 - Injured Virginia workers: options for treating chronic pain
Posted on 2/27/2010 - Workers may get extra protection against repetitive stress injuries
Posted on 12/31/2009 - Northern Virginia worker electrocuted, another seriously injured on-the-job
Posted on 11/30/2009 - Injured man’s widow wants to reform Virginia workers comp laws
Posted on 6/26/2009 - Workers’ comp case muddied by injured worker’s drug use
Posted on 5/14/2009 - Henrico County Settles in Wrongful Death Case
Posted on 5/1/2007 - Virginia auto workers not eligible for extended federal jobless benefits
Posted on 3/2/2007 - Filing for Workers' Comp Benefits? Get Ready For A Fight
Posted on 3/2/2007
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Virginia Workers Compensation
“Extended premises” and Virginia workplace accidents
It seems simple enough: if you are hurt on-the-job in Virginia, you get workers’ compensation for your injuries. Unfortunately, it is never that straightforward. Take this recent case: a woman coming back from lunch slipped and fell right inside the garage of the building where her employer had offices. Does this count as an on-the-job accident?
What constitutes “on the job”?
The big question was: did this woman get hurt in the course of employment? Does walking back from lunch into the parking garage count as an on-the-job injury for Virginia workers’ compensation purposes? Not surprisingly, her employer, the American Trucking Association (ATA) said no, and did not want to give her the Virginia workers’ compensation medical benefits that she requested.
Per the Virginia Workers’ Compensation Act, accidents and injuries that happen while an employee is going to or from work are usually not covered by workers’ comp. However, this is not a hard and fast rule, and the courts have been flexible in interpreting it. In reality, in order to get to work employees often have to drive or walk through work-like areas – in this case the garage of the building where the ATA offices were located.
Extended premises and Virginia workers’ comp
This idea that an employee is covered by workers’ comp in areas near the workplace is called “extended premises”. In this situation, the court asked where the woman was she was hurt. They determined that she was on the property of the building where she worked, she was making her way across one of the commonly used paths to reach her office, and not only did she have a right to be in the area but her employer could reasonably expect her to be there during the workday.
For these reasons, the court found in her favor – she did deserve Virginia workers’ comp benefits for her injuries.
Get help with your Virginia workers’ comp claim today
As you can see, there are many nuances in Virginia workers’ comp cases. This is why it is in your best interest to hire a skilled Virginia workers’ comp attorney for your workplace accident case. Don’t take chances with your employer or their insurance company – protect your rights by contacting us today for a no cost, obligation consultation.
DULANEY, LAUER & THOMAS, LLP
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Warrenton, VA 20186
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Culpeper, VA 22701
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