The Types of Workers and Situations Not Covered under Workers’ Comp

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A lawyer based in Richmond, VA, Claire C. Carr serves as a managing partner and Workers’ Compensation Practice Group lead at Kalbaugh, Pfund & Messersmith, PC. With a legal career spanning more than 25 years, Claire C. Carr was inducted into The College of Workers’ Compensation Lawyers in 2017.

Although workers’ compensation laws differ from state to state, Virginia requires that all employers with at least three regularly employed workers or more must carry workers’ compensation insurance. When considering a workers’ compensation insurance plan, it’s helpful to know that the law does not require you to cover all workers. For instance, independent contractors, domestic workers in private homes and volunteers typically aren’t required to be covered by workers’ compensation insurance. Additionally, workers’ compensation plans are not required to cover assaults by a co-worker or a third party if the assault was directed at the employee in his or her individual capacity rather than in their capacity as an employee.

Types of Workers' Compensation Coverage

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Since 1992, Claire C. Carr has served as a lawyer with Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. Six years after joining the firm as an associate attorney, Claire Carr was promoted to managing partner. One year later, she established the firm’s Workers’ Compensation Department, for which she serves as a practice group lead. Today, Claire C. Carr is a leading defense attorney specializing in workers’ compensation cases.

Workers’ compensation insurance covers several costs associated with treating and rehabilitating work-related injuries. Some of the most common expenses that can be recovered from workers’ compensation claims include, but are not limited to:

Wage loss - Employees who must miss work in order to recover from work-related injuries may have their lost wages reimbursed. Employees who are temporarily totally disabled may receive two-thirds of their Average Weekly Wage in Virginia during their period of total disability.

Permanency - An employee who suffers a permanent work related injury which results in a loss of use of certain body parts may be entitled to receive benefits to compensate them for the loss of use of that body part. The amount depends on the worker's Average Weekly Wage and the percentage of permanent impairment.

Medical benefits - Any medical costs arising from the injury or illness may also be reimbursed or paid by the insurer. This can include the cost of prescription medication and ambulance transport. In cases where an injury or occupational disease has been deemed compensable or agreed to by the parties, an injured worker may have lifetime coverage for reasonable and necessary medical expenses which are related to their work injuries.

Death benefits - In the event that an employee dies as a result of a work-related accident, their dependents and spous may receive death benefits. The amount and duration of the benefits will depend on the employees’ typical wages and the beneficiaries’ relationship to the deceased.