Tuesday, January 28, 2014
Can you get Workers' Compensation if you are involved in a fight at work in Virginia?
Bill came to my office looking for help. He had been in a fight at work and had suffered a right rotator cuff tear. He wanted to know if he would receive workers' compensation for his injury. I asked how had the fight happened? Bill said he was the Lead Man on his construction crew. He had given one of the crew (George) an order to fetch supplies. George said he was no one's slave and Bill was not his foreman and he refused the order. A little later when Bill again asked George about the supplies George cussed Bill and started a fight. As a result of the fight Bill suffered his bad shoulder.
I told Bill Virginia follows the "arising out of" rule. So, if his shoulder injury arose out of his work then he had a good chance. Since George had taken a swing at Bill in a direct response to an order from Bill I felt comfortable in telling Bill he had a good workers' compensation claim.
FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.