Legal Question in Civil Litigation in Virginia

Can your Employer being held liable for making you go to work during a Hurricane

Can your employer be held liable for making you come into work when it has been deamed unsafe to be out on the roads by the Governor of the State?


Asked on 9/22/03, 10:40 am

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Can your Employer being held liable for making you go to work during a Hurri

Not unless you were injured after you got to work. That is, if your job requires you to drive somewhere, and you were doing that as part of your job when you were injured, then you have a right to file a worker's compensation claim. But that is your exclusive remedy against your employer (including the specific manager who told you that you had to report to work).

If you are injured on the job, you must give immediate written notice to your employer that you were injured. You must include the following information in your notice:

" The notice shall state the name and address of the employee, the time and place of the accident, and the nature and cause of the accident and the injury."

Virginia Code � 65.2-600

If you are in doubt as to whether you have a valid claim or not, give notice of the accident anyway. If you're wrong, it's a "no harm done", but if you do have a claim but fail to give notice, you could be up a creek and in a world of hurt.

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Answered on 9/22/03, 11:09 am


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