Practice Areas

• Car Accidents & Injuries
• Tractor Trailer Accidents
• Drunk Driving Accidents
• Uninsured Motorist Claims
• Motorcycle Accidents
• Insurance Claim Denials
• Construction Accidents & Injuries
• Virginia Workers Compensation
• Nursing Home & Assisted Living Abuse
• Wrongful Death

Blog

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

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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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Library

Virginia Workers Compensation

• Injured Virginia Workers: What benefits are covered under the Virginia Workers’ Compensation Act?
• Workers’ Comp Death Benefits in Virginia
• Think your Virginia employer is trying to push you out of a job after a workplace injury?

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Who is covered by Virginia Workers Compensation Insurance?

If you’ve been injured at work in Virginia, you are probably wondering if you are eligible for workers’ compensation benefits. In general, if you work for an employer who has three or more employees, you are probably covered under the Virginia Workers’ Compensation Act. However, there are exceptions.

For some employees, it can be difficult to determine if they are in fact covered by workers’ compensation insurance. Below is a list that summarizes occupations that typically are and are not eligible for Virginia workers’ compensation benefits after a workplace accident or injury.

Virginia workers eligible for workers’ comp benefits

• Part-time employees
• Family members working for the employer
• Apprentices and trainees (if the training relates to the job)
• Officers & employees of the state of Virginia
• Local government employees in Virginia
• Volunteer police, rescue workers, and firefighters if they receive coverage through the locality where they work or if the volunteer unit provides workers’ comp insurance
• Virginia National Guard Members
• Virginia State Defense Force members
• U.S. Defense Corps of Virginia members
• Employees of an independent contractor or subcontractor, if the employees are doing the same sort of work as the individuals contracting for the work
• Sole proprietors
• Corporate officers

Virginia workers not eligible for workers’ comp benefits

• Independent contractors (if properly classified)
• Elected state or local officials
• Domestic workers
• Farm workers (if the employer has only one or two employees)
• Railroad workers (for common carriers engaged in interstate / foreign commerce)
• Casual workers
• Taxicab drivers and executive sedan drivers, if excluded from taxation because of the Federal Unemployment Act
• Employees, officers, and directors of non-profit corporations who do not receive compensation
• Employees of federal instrumentalities

If you were hurt on-the-job in Virginia and believe that you deserve workers’ compensation benefits – or if you are not sure whether you do or not – we can help. Please contact the experienced Virginia workers’ compensation attorneys at Dulaney, Lauer & Thomas today.

DULANEY, LAUER & THOMAS, LLP

Warrenton Office

98 Alexandria Pike, Suite 11

Warrenton, VA 20186

Toll Free: 888.907.2631

Local: 540.349.2631

Culpeper Office

209 N. West Street

Culpeper, VA 22701

Toll Free: 800.741.1012

Local: 540.825.6046

Free Case Evaluation

Why Choose Us?

• We Only Handle Accident and Injury Cases
• Over 40 Years Of Experience
• Offices in Warrenton and Culpeper
• Free Consultation

Our Attorneys

• Richard A. Dulaney
• Carl N. Lauer
• Andrew K. Thomas

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Resources

• Virginia Workers Compensation
• Other Resources
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