Not all work injuries involve hard hats and heavy machinery. From construction sites to cubicles, Virginians can be hurt in ways that aren’t always obvious—and the rules for when workers’ compensation applies can vary by injury and by jurisdiction. Here’s what to know.
Construction accidents (and other “one-time” incidents)
Falls from ladders or scaffolds, being struck by equipment, or injuries from defective tools are classic “injury by accident” events. In Virginia, these are generally compensable if they arise “out of and in the course of” employment and are reported and filed on time. The Virginia Workers’ Compensation Commission (VWC) advises injured workers to report the injury to the employer immediately and file a claim with the Commission no later than two years from the accident date.¹ If your doctor says you can’t work because of your work injury, wage-replacement benefits are typically 66⅔% of your average weekly wage, up to statutory caps.² Because Virginia is a no-fault system, you usually can’t sue your employer for a workplace fall—but you may have a separate negligence claim against a third party (like another subcontractor).
Repetitive strain injuries (RSIs): typing, scanning, lifting—do they count?
Here’s where Virginia differs from many neighbors. Virginia law has long treated most gradual, repetitive-motion conditions (like general tendonitis from cumulative use) as not compensable “injuries by accident.” In 1997, the General Assembly carved out limited exceptions, recognizing carpal tunnel syndrome and hearing loss as compensable when proven under the Act’s standards. A 2020 VWC report to the legislature summarizes this history and the ongoing policy discussion.³ In short: some repetitive conditions can be covered in Virginia if they qualify as an occupational disease and meet strict proof requirements, but many garden-variety overuse injuries fall outside the standard rule.
By contrast, Maryland and Washington, D.C. more broadly recognize occupational diseases, which include many repetitive-use injuries when tied to the job. Maryland’s overview materials specifically list “repetitive use” as occupational disease, with the “last injurious exposure” rule governing who pays.⁴ D.C. likewise includes occupational diseases (including repetitive-use) within its workers’ compensation scheme.⁵ If you live or work across state lines in the DMV, where your claim belongs can matter a lot.
Office slip-and-falls and ergonomics
Wet floors near break rooms, loose cords under desks, or a poorly placed box can lead to strains, sprains, or fractures in office settings. These incidents are typically treated like other “injury by accident” claims if they happened at work and because of work conditions. Again, Virginia’s process requires prompt notice to your employer and a timely claim filing with the VWC.¹,⁷ Good documentation (photos of the hazard, witness names, and prompt medical care) helps preserve your rights.
Deadlines and first steps in Virginia
Tell your employer right away (written notice is best) so they can file the required employer report.⁷ 2) File your claim with the VWC within two years of the accident (or as the statute provides for occupational disease).¹ Missing deadlines can jeopardize benefits. When accepted, benefits may include medical treatment, wage loss, and, when appropriate, permanent disability and vocational rehabilitation.²
Not sure where your claim fits?
Injuries don’t always wear hard hats. Whether you fell on a slick office floor, developed carpal tunnel after years at a register, or were hurt on a construction site, the path forward depends on the facts—and sometimes on which side of the Potomac you were working.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
References
- Virginia Workers’ Compensation Commission – Injured Workers (report immediately; file within two years): https://workcomp.virginia.gov/content/injured-workers
- VWC – Injured Worker’s Benefits Guide (wage-replacement rate): https://workcomp.virginia.gov/documents/injured-workers-benefits-guide
- VWC Report to GA – House Bill 617 Repetitive Motion Study (history; carpal tunnel/hearing loss): https://workcomp.virginia.gov/sites/default/files/News%20and%20Notices/House-Bill-617-Repetitive-Motion-Study-Report.pdf and JLARC summary within; see also Virginia Code background via RD71: https://rga.lis.virginia.gov/Published/2021/RD71
- Maryland overview (occupational disease including repetitive use; last injurious exposure): https://www.fandpnet.com/wp-content/uploads/2015/12/MD-Workers-Comp-Overview-1.pdf
- District of Columbia overview (occupational disease including repetitive use): https://www.fandpnet.com/wp-content/uploads/2015/12/DC-Workers-Comp-Overview-5.pdf
6. Virginia Code § 65.2-600 – Notice of accident (prompt written notice to employer): https://law.lis.virginia.gov/vacode/title65.2/chapter6/section65.2-600/
