You are at work and you injure yourself. It is a head injury. As a result you cannot remember how you did it. Can you recover workers compensation in Virginia?
At present the answer is probably "NO" and you will lose. Virginia does award the worker a presumption that if you are found dead at your place of work it is "presumed" this occurred as a result of your accident at work. This will benefit your widow and children.
Butt what if you are found unconscious at work and you do not remember the accident. At present unless you can prove the cause of your accident with some other means you will lose.
This is exactly what happened in Herman Blair v. Blair a Construction. Deputy Commissioner Burchett decided because Herman Blair could not remember his accident even though he was capable of testifying he could not win his case. This decision occurred in April 2012. The case was appealed. While it was appealed labor forces tried to change the law in Virginia to favor compensability. Perhaps due to this effort in the legislature the Blair Case settled on appeal and the three Commissioners who handle Deputy Commissioner appeals never had to rule on this issue.
It remains to be seen if Virginia will extend the "death presumption"
You were injured on the job and now you are fired. Some tips.
Fired as retaliation for your accident
If you are fired as a retaliation for filing an injury claim, you have a right under Virginia Law (Section 65.2-308 of the Code of Virginia) to sue your employer. You can recover actual damages and attorney's fees in this type of lawsuit. You may have to contact a "wrongful discharge attorney" who specializes in employment law.
Fired for testing positive for drugs after your accident
If you are fired because you tested positive for drugs or alcohol at the time of the accident, you need to contact an experienced workers compensation attorney. The employer may have a right to fire you for a violation of its anti-drug policy but you still may be able to receive workers' compensation if the drugs or alcohol did not "cause" the accident. The attorney may be able to show by a pathologist your drug or alcohol level was not the "cause" of the accident.
Fired for misconduct after your accident
If you are fired after you return to work after an accident and are placed on light duty, you may lose your workers' compensation benefits if the employer can show you were fired for misconduct such as violation of a drug policy, absenteeism, insubordination, fighting, etc.
Fired for any reason
If you return to work with the same employer where you suffered your work injury, the employer may look for an excuse to fire you. Thus, you must be aware the employer may look for an legitimate reason to fire you when you return. Therefore, you must be extra careful that you do not give the employer a legitimate reason to terminate your employment such as absenteeism, tardiness, insubordination, fighting, etc.
Fired while on light duty
If you are fired from your job and you still have work restrictions as a result of your on the job accident, you can file with the Virginia Workers' Compensation Commission to go back on workers' compensation benefits provided the termination of employment was not due to your own misconduct and provided you are within two (2) years of the last date you received workers' compensation benefits.