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Numerous decisions of the Supreme Court of Virginia have pronounced that the Workers’ Compensation Act is remedial legislation which is entitled to a liberal interpretation in favor of claimants. In recent years, lawyers for claimants have wondered whether the courts now view this pronouncement as empty rhetoric. Occasionally, however, a decision shows that at least […]
If you’re injured at work, you should file a workers’ compensation claim to receive the benefits you’re entitled to. You may also think about filing for Social Security Disability Insurance, or SSDI. But how does workers’ compensation affect SSDI? What is Workers’ Comp? Workers’ compensation is the money you receive after an injury at work […]
If you’re hurt because of an accident at work, you can and should file for workers’ compensation. Workers’ comp can pay for your medical bills and give you some money for lost wages. But how do you get the money? File a Claim After you’re hurt at work, tell your boss. Then go see a […]
If your family member dies due to an accident at work, you’ll have a lot of emotions. Once the initial shock is over, you may be wondering if workers’ compensation in Virginia will pay for your family member’s death. Workers’ Comp Death Benefits Yes, Virginia workers’ comp will pay death benefits to dependent family members […]
Does Workers’ Comp Come Out of My Paycheck? Workers’ compensation benefits are available for people who are injured or become ill because of their job. Since the money is in response to an issue at work, you might worry that workers’ comp comes out of your paycheck. The benefits don’t come out of your paycheck, […]
For an injury at work to be compensable, the accident causing the injury must “arise out of” the employment. Many states follow the “positional risk” doctrine. An accident arises from work so long as the employee is present (i.e., “positioned”) at work when the accident occurs. Virginia follows the “actual risk” doctrine. The employment must […]
Does Workers’ Comp Count As Income? If you’re injured at work, you’ll file for workers’ compensation benefits for your medical bills and missing income. Whether or not your workers’ comp benefits count as income varies depending on what type of income you’re looking at. The following information is for general guidance only and should not […]
When you think of workers compensation, you probably think of accidents or injuries – something falling, equipment breaking, or getting hurt from doing the same action again and again. But what about illness? How does workers comp deal with getting sick? Does workers’ comp cover if you have to miss work because of a cold? […]
If you use internal medical equipment like a pacemaker/defibrillator or a replacement joint, an injury at work that also damages your medical equipment can make a stressful time even worse. You’re worried about healing your body, but also about getting the expensive equipment fixed. What is Internal Medical Equipment? Internal medical equipment is medical equipment […]
NEWS AND VIEWS ON APPELLATE MATTERS The workers’ compensation system resulted from a “Grand Bargain” between employees and employers. One aspect of this bargain is that an employee’s negligence leading to injury should not bar the employee’s workers’ compensation claim. Notwithstanding this fundamental principle, an employee’s mere negligence can thwart a workers’ compensation award. In […]
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