If I Am Injured Working Out Of State, Can I Still File For Workers Comp in Virginia?

Posted by Amy FalconJan 08, 20250 Comments

 

The Law for Out Of State Workplace Injuries

 

Under the Virginia Workers' Compensation Act,  workplace accidents that happen outside of Virginia are called “foreign injuries.” A claimant is entitled to recover under the Act if:

 

(   1) The claimant had a contract of employment in Virginia, and

(   2) The employer has a place of business in Virginia, and

(   3) the employment contract was not “expressly” for services outside of Virginia.

 

The burden of proving all of these elements is on the claimant. Also, if a claimant receives full compensation from another state, they cannot claim double compensation in Virginia.

 

Filing a claim in Virginia for an out-of-state workplace injury can involve both statutory and case law interpretation. You will need professional legal advice on these issues, and the experienced law firm of  Ackerman & Falcon stands ready to consult with you regarding your concerns about your claim.

 

Determining Whether the Contract Of Employment Is in Virginia

 

A written employment contract often contains terms stating which state has jurisdiction over workers' compensation claims. However, in the event of a verbal contract, the case law of Virginia has looked to where the last act necessary to give validity to a contract occurred. This last act is considered where the contract was made. This could even include a telephone acceptance of the contract from a speaker in Virginia. However, if an employer hired you with the agreement that all work would be performed outside Virginia, then it is quite likely that Virginia would not have jurisdiction over the injury, so you cannot file a claim in Virginia.

 

Determining Whether Your Employer Has a Place of Business in Virginia

 

The Virginia Workers' Compensation Act does not define an employer's place of business, but  Virginia case law has looked to such items as:

·      Bookkeeping, payroll, and taxes performed in Virginia;

·      Leasing or owning property, including buildings, offices, and vehicles in Virginia;

·      The number of job sites in Virginia at the time of the injury;

·      The number of employees based in Virginia at the time of the injury;

·      The number of supervisors in Virginia.

 

The greater the number of employees, contacts, buildings, and functions that are in Virginia, the greater the chance that Virginia would have jurisdiction over your worker's compensation claim.

 

Hire the Experienced Team at Ackerman & Falcon for Your Out Of State Injury Claim

 

Out-of-state injuries add complexity to filing a claim in Virginia, so get our professional legal advice for every step of your claim. We will advise you about the likelihood of a recovery in Virginia and follow up to help you navigate each step of the journey for a maximum recovery for your worker's compensation claim. Call us today at 703-288-1400  or contact us online before you file your claim so you can receive the legal help you need.