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Longshore and Harbor Workers’ Compensation Act: What Is It – and Do I Need Insurance Coverage for It?

As an employer in Virginia, you no doubt carry state workers’ compensation insurance coverage in the event one of your employees is injured while working within the course and scope of his or her employment.  But did you know that you could also be subject to the Longshore and Harbor Workers’ Compensation Act (“LHWCA”)?  There is concurrent jurisdiction in Virginia; thus, an eligible employee may ...
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Injured at Work during an Earthquake? But this is Virginia . . .

Virginia was rocked by a 5.9 magnitude earthquake this afternoon. I was in my office, diligently working to zealously defend my clients, when the windows that overlook the Battleship Wisconsin and Nauticus on the Elizabeth River in Norfolk, VA began to shake; the blinds began to bang against the windows; my desk began to rumble. Yes, we had experienced an earthquake - in Virginia. I quickly checked the Internet and found ...
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Are You Ready for Some Football? . . . What About Workers’ Comp Claims from Football Players?

Thank the heavens, the lawyers, the love of football, or of money - whatever the case may be - it just doesn't matter, because football is back baby! After months of difficult, and often infuriating, contract negotiations football is set to return, on schedule - well, almost. And no worries, both the owners and the players will continue to get paid the big bucks. You can ...
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When an Injured Worker Can Not Drive . . . and Can Not be Driven

When an employee is injured at work, the employer is obligated to provide medical treatment, and the injured worker is obligated to accept and comply with the provided medical treatment. Transportation to and from medical appointments is subject to the same edict. It is well established that the Commission holds the employer responsible for reasonable and necessary transportation costs in connection with an injured worker's medical ...
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Workers’ Compensation Insurance

With the intention of protecting employees by enabling them to collect any workers’ compensation claim due them by their employers regardless of the financial health of the employer, Virginia law requires every employer who regularly employs three or more full-time or part-time employees to purchase and maintain workers’ compensation insurance.  In addition to maintaining proper insurance, employers subject to the Virginia Workers’ Compensation Act must ...
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Welcome to Vandeventer Black’s Workers’ Compensation Blog

I am pleased to introduce Vandeventer Black's Workers' Compensation Blog on which I will be posting case studies, suggested practices and policies, and general observations about the workers' compensation system in Virginia, as well as the federal system pursuant to the Longshore & Harbor Workers' Compensation Act. I, along with my fellow Vandeventer Black workers' compensation attorneys, hope to be able to address your concerns, answer your questions, and provide insights gained over ...
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Employer’s Accident Reports

Employers often ask why they must file an Employer’s Accident Report (“EAR”) following every injury at work, even when the employee does not lose time from work, require immediate medical attention, or file a workers’ compensation claim.  The answer is simple.  The Virginia Workers’ Compensation Act requires that an employer file the EAR within 10 days of an injury. However, there are other reasons why ...
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