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When Does Workers’ Compensation Apply in Virginia?

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

Lynn Bradley

Workers’ Compensation Attorney

Tucker Griffin Barnes P.C.

With four convenient offices located in Charlottesville, Palmyra, Harrisonburg, and Staunton, VA.

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