Legal Question in Employment Law in Virginia
Hurricane Death
My brother drowned during a hurricane. He was on his way home from work at night when he and his car were swept away by floodwater. The state medical examiner ruled his death was hurricane related. He worked at a business whose primary client was closed the same day he died. He would not have likely died had he not worked that day. Had his employer directed him not to come to work, he would not have died. I am his sole surviving blood relative in his immediate family. Do I have a case against the employer?
2 Answers from Attorneys
Re: Hurricane Death
Under South Carolina law, your brother's accident may be covered under workers' compensation depending on some additional facts. However, if your brother was not hired in South Carolina, and he was working in Virginia for a Virginia company at the time of the accident, South Carolina law would not likely apply. Each state's workers' compensation laws are different and you should consult a Virginia lawyer to determine if any claim exists there. I am sorry for your loss. I hope this information will be of assistance to you.
Re: Hurricane Death
In Virginia,, in order for a worker to be covered for "an injury by accident", such "accident" must occur at work or during a work-related function.
Unfortunately, it would not appear that driving home from work would qualify as such an activity as defined above.
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