Workers’ Compensation

COVID-19 And The Longshore And Harbor Workers’ Compensation Act

04/24/2020Bilisoly, F. Nash

While many states, including Virginia, have issued stay at home orders to help reduce the number of persons infected with COVID-19, most ship builders, ship repairmen, terminal and harbor workers are essential employees and must work despite the risk of catching and/or spreading the disease. It is not hard to imagine that these employees may… Read more »

Coronavirus And Virginia Workers’ Compensation Part II: Burdens Of Proof And The Stay-At-Home Order

04/15/2020Caramore, Megan

This article is a follow up to the Coronavirus and Virginia Workers’ Compensation article found HERE and deals with how social distancing precautions and the Governor’s stay-at-home order may impact the Virginia workers’ compensation treatment of Coronavirus claims.  As previously discussed, it seems likely that Coronavirus claims will fall within the ‘ordinary disease of life’… Read more »

Coronavirus and Virginia Workers’ Compensation

03/02/2020Caramore, Megan

How would the Virginia’s  Workers’ Compensation system deal with a virus like the Coronavirus (COVID-19)?  It is not to hard to imagine a scenario where a workplace outbreak of the virus leads to multiple worker’s compensation claims. Your workplace remains open, despite the closure of a number of schools and government offices.  After a few… Read more »

Virginia’s Workers’ Compensation And Undocumented Workers: Are Employers Liable For Paying Benefits?

02/18/2020Dustin Narcisse

Undocumented workers in Virginia are entitled to workers’ compensation benefits but not to the same extent as workers who are legally eligible to work in the United States. This concept is commonly misunderstood by workers, employers and workers’ compensation insurers alike. Before analyzing the legal landscape as it pertains to undocumented workers and their eligibility… Read more »

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

07/19/2019Vandeventer Black

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »

Your Responsibility for Worker’s Compensation May Extend Further Than You Think

Construction Worker

09/27/2018Vandeventer Black

Workers’ compensation obligations may extend to cover individuals beyond those you consider to be your traditional employees. While this article considers such obligations under the Virginia Workers’ Compensation Act (VWCA), the consideration may be applicable in other states as well. Consult with an attorney licensed in your state to discuss the issue. One of the… Read more »

OSHA DEADLINE FOR ELECTRONIC REPORTING OF INJURIES AND ILLNESSES APPROACHING

Laptop, Computer, Desktop

03/16/2018Vandeventer Black

Last year, the Occupation Safety and Health Administration, (OSHA), issued a rule that requires certain employers to electronically submit on-the-job injury and illness information. In keeping with its responsibility to improve safety for workers, the change seeks to focus more attention on safety through transparency in reporting practices and to ensure that workers will not… Read more »

Two Significant Policy Changes by the Trump Administration’s Department of Labor

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06/20/2017Bibeau, Anne G.

As we all expected, President Trump has made his mark on numerous federal policies. On June 7, 2017, the U.S. Department of Labor (“DOL”), now under the leadership of Secretary Alexander Acosta, announced that it had withdrawn two of the past administration’s interpretive bulletins, 2015-1 and 2016-1. Both bulletins had been issued by President Obama’s… Read more »

Fourth Circuit Articulates Test for Joint Employment under the FLSA

Businessman Giving Cheque To Other Person

03/17/2017Bibeau, Anne G.

Businesses frequently overlook the risk of liability under the Fair Labor Standards Act (“FLSA”) because they do not consider potential overtime and minimum wage claims by non-employees. A common tactic in FLSA litigation is for the plaintiffs to sue not only the business that employed them, but also related businesses or businesses that they worked… Read more »

New Case Law – Violation of Medical Restrictions

latest news

03/17/2017Caramore, Megan

The Court of Appeals recently considered whether a claimant’s alleged violation of pre-existing medical restrictions could warrant a denial of workers’ compensation benefits.  In Staton v. The Bros. Signal Co., 66 Va. App. 185, 783 S.E.2d 539 (2016), the claimant suffered from pre-existing knee problems and his physician had instructed him to avoid walking on… Read more »