Wednesday, November 20, 2013

I injured my brain and I cannot remember how I injured myself in Virginia.

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"