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What is a Workers' Compensation Injury in Virginia by Gerald Gregory Lutkenhaus

Posted by attorney Gerald Lutkenhaus

There are two main principles that determine if an injury is covered by Workers' Compensation law in Virginia.

First, the injury must occur during the "course of the employment." Thus, there are disputes over whether an injury that occurs on a lunch break or in the parking lot before checking in are or are not covered under the law. Also, generally going to and from work is not covered under the law but there are exceptions.

Second, the injury must "arise out of the employment." Thus, a personal fight between employees would not be covered. A fall at work that was not caused by any risk of the work place would not be covered. A slip on a staircase that was not defective or slippery in any way would not be covered. A heart attack on the job would not be covered unless one could prove a risk in the workplace caused the heart attack.

In summary, there are exceptions to these general rules. If you do have an injury, it is best to consult an experienced workers' compensation lawyer. You can contact me through either of my web sites listed below.

Additional resources provided by the author

One can always read the Virginia Workers Compensation Act or review the Guide to Virginia Workers Compensation on my website.

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