Legal Question in Workers Comp in Virginia

I own a small construction Co in Va. I work two 2 man crews. One employee has a bad back disc needing an operation. He will be out for 3 months and cannot work. Is this a workman's comp claim and do I have to have a job available when he can physically come back to work? Can he collect umemployment while off work? If I let him go now am I liable for anything?

Asked on 5/04/10, 3:20 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

I have been a Virginia Workers Compensation Lawyer for 35 years. If your employee's injury is due to an accident on the job, then workers compensaton insurance should cover it. If you had more than two employees, you were required to cover him with workers compensation insurance. If he is "disabled" and cannot work, then he cannot collect unemployment compensation. If you fire him due to his injury, you can be sued.

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Answered on 5/10/10, 7:59 am

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