COVID-19 Legal Update: Virginia

Workers' Compensation Administrative board/ commission

How does the state define an occupational disease?

Virginia Code § 65.2-400 defines occupational disease as a “disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of employment.” When an individual has received a communication of diagnosis of occupational disease, it is important to give immediate notice to the employer.

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

In-Person Mediations and Hearings Cancelled through March 31st

VA Safety and Health Codes Board Adopt Emergency Temporary Standard on COVID-19
July 31, 2020

Enacted Legislation: Liability Immunity to Healthcare Providers for COVID-19
October 11, 2020

Executive Order: Clarifying Certain Immunity from Liability for Healthcare Providers on COVID-19
December 11, 2020

VA Safety and Health Codes Board Enacted Permanent Standard on COVID-19
January 13, 2021

Court Closures & Modified Call

In-Person Hearings and Mediation Notice

Is the administrative court system closed or open?

Open.

Does this state have a shelter-in-place in order?

No - order started 3/30/20 to 6/10/20; phased re-opening began 5/15/20 in certain regions.

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19?

Unemployment.

Last Updated: 2/1/2021

<< Gallagher Bassett COVID-19 Resource Center
<< Contact us with your COVID-19 Questions

This document compiles certain state laws and websites relevant to the COVID-19 pandemic. State guidance and other government instruction have changed frequently. We thus may update this document over time.

Please do not hesitate to contact your account manager, resolution manager, or your other preferred contact at Gallagher Bassett with any questions.

Although we have gathered information relevant to COVID-19 and its impact on workers' compensation claims and your businesses, this is not legal advice, it does not include all pertinent information, nor should it be the basis for legal, claim, benefit, safety, or human resource-related decisions. If you would like guidance on legal issues arising from COVID-19, including whether a COVID-19 related claim is compensable under a specific state’s laws, please seek advice from legal counsel with expertise in the relevant subject areas and state laws. For Gallagher Bassett clients, if you have reported a workers’ compensation claim, then your resolution manager can assist.

A Further Note on the Statutes, Definitions, Cases, and Websites Cited in this Document. State law controls if a worker is entitled or not entitled to workers’ compensation benefits. Each state can approach this question differently, and the relevant statutes, standards of proof, regulating agencies, court precedent, and other aspects of a workers’ compensation claim vary between jurisdictions. As a general principle, state workers’ compensation laws provide medical and wage loss benefits to workers who suffer bodily injury due to an accident, or bodily injury due to an occupational disease. The relevant bodily injury must arise out of and occur in the course of employment. This document primarily compiles state definitions of “occupational disease.” With respect to diseases for which the employee may be entitled to workers’ compensation benefits, the disease typically must arise from particular conditions of employment that make contracting the disease more likely than in the general population, or otherwise there must be a sufficient connection between a disease and workplace. Please consult the relevant state’s workers’ compensation act for the specific language applicable to an “occupational disease” claim.