Yes. In Virginia, an employer saying that an employee caused their own workplace injury does not automatically prevent the employee from filing a workers' compensation claim.

Virginia workers' compensation law generally focuses on whether an injury was caused by an accident arising out of and in the course of employment. An employee does not necessarily lose the right to benefits simply because they made a mistake or were careless when the accident occurred.

When Can an Employee Be Denied Workers' Compensation Benefits?

Virginia law does identify specific circumstances in which an employee may be denied workers' compensation benefits. Under Virginia Code § 65.2-306, compensation may be barred when an injury was caused by:

·       The employee's willful misconduct or intentional self-inflicted injury

·       An attempt to injure another person

·       Intoxication

·       A willful failure or refusal to use a required safety appliance or perform a duty required by statute

·       A willful violation of a reasonable workplace rule or regulation that the employee knew about before the accident

·       The use of certain nonprescribed controlled substances

Importantly, the employer or other party asserting one of these defenses has the burden of proving it.

What If I Made a Mistake That Caused My Injury?

A mistake does not necessarily amount to willful misconduct discussed above. The circumstances surrounding the accident matter. An employer cannot simply characterize an injury as the employee's fault and use that statement alone to establish one of the statutory defenses.

What Should I Do If My Employer Blames Me for My Injury?

If your employer claims that you caused your own injury, you should still report the accident and seek appropriate medical care. Virginia law requires an injured employee to provide written notice of the accident to the employer within 30 days, subject to limited exceptions.

Keep records of how the accident happened, when and where it occurred, who witnessed it, and what your employer told you afterward. These details may become important if the claim is disputed.

Ackerman & Falcon Will Help With Your Disputed Workers' Compensation Claim

If your employer says your workplace injury was your fault, you shouldn't just take them at their word.  The firm of Ackerman & Falcon can review the circumstances of the accident and help determine whether you have a valid basis for disputing your workers' compensation claim.

To discuss your case, call Ackerman & Falcon at 703-288-1400 or schedule a free consultation using our online form.