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Is My Injury Covered Under Virginia Workers' Compensation Law?

Injuries occur because of an incident or over a period of time. You may receive benefits even if the injury aggravates a pre-existing condition. However, to be covered under Virginia law the cause of the injury must be either an accidental injury or an occupational disease.

Accidental Injury - To have your injury covered as an accidental injury you must satisfy the following three criteria:

  • An identifiable accident;
  • Occurring at a reasonably definite time; and
  • Causing an obvious and sudden mechanical or structural change in the body

The most notable aspect of this definition is that the injury must be sudden and identifiable. For example, assume a technician who does heavy lifting every day of his life, does somewhat more on a certain day and at the end of the day is feeling pain in his back. Even if everyone agrees it was caused by the job, since there was not a single identifiable incident, that employee will lose his claim. Contrast that with if the pain started while lifting a heavy object and the employee's foot slipped. Then the claim is covered because there is an indentifiable incident!

The injury must also result from an atual risk of the employment as opposed to common to the public at large. Therefore, an employee whonis nmerely bending down to tie his shoe and ruptures his/her back would not have a covered claim.

Occupational Disease - The injured employee must show that his disease arose out of and in the course of his employment. It is associated with exposure to hazardous conditions over a long period of time. A classic example is a miner contracting black lung disease. Virginia also has additional requirements if the disease is considered to be an"Ordinary Disease of life" (ODL). AN ODL is one that the public at large is exposed to as well - such as carpal tunnel syndrome. An ODL must be proven by "clear and convincing eveidence" to:

  • Have arisen out of the course of employment
  • Was not caused by something outside of the employment
  • Contracting this disease is characteristic of tghe employment
Therefore, proving an ODL is very difficult in Virginia (carpal tunnel claims are almost non-existent as to very prevelant in D.C. and Maryland).