In Virginia, workers’ compensation insurance is required for employers who have three or more employees. This means that if you work for an employer who has three or more employees, and you are injured on the job, you may be eligible for workers’ compensation benefits. Independent contractors are generally not considered employees and this distinction often spawns litigation. Just because you received a 1099 or your employer calls you an independent contractor, does not mean you are. There are many factors the Commission considers and the element of control is the primary factor.
It’s important to note that even if you are eligible for workers’ compensation benefits, you will still need to prove that your injury was work-related in order to receive benefits. It’s always a good idea to seek the advice of an experienced workers’ compensation attorney to help you navigate the process and ensure that you receive the benefits to which you are entitled.
Written by Attorney Lynn Bradley
Workers’ Compensation Attorney
Tucker Griffin Barnes P.C.
With four convenient offices located in Charlottesville, Palmyra, Harrisonburg, and Staunton, VA.
By Tucker Griffin Barnes | Published April 27, 2023 | Posted in Charlottesville Attorney, Charlottesville Worker’s Compensation Attorney, Workers' Comp, Workers' Compensation Attorney | Tagged Commission considerations, Control as a factor for employment status, Eligibility for workers' compensation, Hiring a workers' compensation attorney, Independent contractor, Virginia employment law, Virginia employment requirements, Virginia insurance requirements, Virginia workers' compensation, Virginia workers' rights, work-related injury, Workers' compensation benefits, Workers' compensation claims process, Workplace injuries, Workplace safety in Virginia
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