I Was Injured in an Accident Out-of-State, What State Has Jurisdiction Over My Workers' Compensation Case?

(Part 2)

How Do You Know if Your Employer Has a Place of Business in Virginia?

The Workers Compensation Act does not define the term “employer’s place of business.” But courts have found that the General Assembly’s use of this term “contemplated something other than the employer merely conducting business in the Commonwealth.”

Each case is different. To determine whether your employer had a place of business in Virginia, your attorney will analyze many factors, including:

Whether the employer’s bookkeeping work, including payroll and taxes, was performed in Virginia.
Whether the employer owned or leased property, including buildings and vehicles, in Virginia.
The number of employees your employer had in Virginia at the time of your accident and injury.
The number of job sites or contracts your employer had in Virginia at the time of your accident and injury.
Whether you received work assignments from a supervisor in Virginia.
Whether your employer recruited employees in Virginia at the time of your accident and injury
What other administrative functions were performed by your employer in Virginia.

Stated another way, the more employees, contacts, and administrative functions performed in Virginia, the greater the likelihood that Virginia has jurisdiction in your workers compensation case.

If you are injured while traveling to an out-of-town conference or working on an out-of-state job site, Virginia has jurisdiction over your workers compensation claim as long as your contract of employment does not state that you were hired solely for work outside of Virginia.

Contractual Terms: Was Your Contract of Employment Made in Virginia?

Most employment is “at will.” This means your employer can fire you for any reason and without warning, as long as the reason is not illegal. But some people may have written employment contracts that dictate where work comp claims should be settled. If so, read the fine print to see whether the contract provides that a certain state has jurisdiction over workers compensation claims.

We’re your Workers' Compensation Experts

Have you been injured on the job or contracted an illness due to an unhealthy work environment? If so, then the Norfolk workers’ compensation attorneys at Kalfus & Nachman PC can help you file your lawsuit. There are several laws that can effect on the outcome of your case, so it’s extremely important to have a workers' comp lawyer on your side to assist you through the entire process. Get help with your workers’ compensation lawsuit. We specialize in workers’ compensation and help employees who have been injured within the State of Virginia.