Legal Question in Workers Comp in Virginia

In the State of Virginia if I am walking to a designated break area at my placeof employment, trip and fall because of a carpet in the building am I covered by workmans comp even though I wasn't actually working?


Asked on 12/09/09, 7:27 pm

1 Answer from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

Yes. You must prove that your accident arose out of and occurred in the course of your employment. The first part of this test is met when you tripped on carpet in the building. The second part of the test is met when your accident occurred during your normal work hours. You do not have to be actually engaged in your normal work activity when you fall. You just have to show that there was something about the workplace (the carpet) which caused your accident during working hours. If your claim is being denied, you should immediately seek an experienced and knowledgeable Virginia attorney to represent you.

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Answered on 12/14/09, 7:38 pm


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