Workers’ Compensation Injury — A Simple Fall at Work
I hear this all the time. My accident happened at work or I was injured at work. Why is my company denying the claim?
The answer may not be obvious but there is an answer. Being at work is just part of the basis for a worker’s compensation claim. The second part of the claim is there must be a connection between the work place and the injury or accident. The Virginia Supreme Court in Reserve Life Ins. Co. v. Hosey, 208, Va. 568, 159 S.E.2d 633 (1968) (The Hosey Case) found a claim compensable when a nurse had to negotiate a step that “was a little higher than a normal step” and suffered a knee injury. Because the step was a bit unusual, the Court found there was a connection between Hosey’s injury and a risk of the work place. However, a claimant who simply “turned at work” and injured her knee lost her case because a simple turn was not considered a risk of the employment. The Teleflex Case.
In summary, the claimant’s case may be denied because there is insufficient evidence the injury or accident was caused by a risk of the employment. An experienced workers’ compensation lawyer can tell whether the incident is a claim that is allowed under the Workers’ Compensation Act.