Legal Question in Workers Comp in Virginia
can they deny my claim?
I am a case manager for a community services board. while doing a school visit to see a client I was hurt. When I went to get into my car to leave the car parked next to me was parked so close i could barely get into my car. while holding the door open with my left hand so I could slide in I ended up smashing my wrist and broke a bone in my wrist. I was on my job performing my duties and was told they may not cover it. Can they do that?
1 Answer from Attorneys
Re: can they deny my claim?
Dear Sir or Madam:
You appear to be within the course of your employment at the time of the accident; however, you also must show the accident resulted from a "risk of the emploment" in Virginia. I would think the only way your claim would be disputed is the insurance company could claim there was nothing "peculiar" about this incident that made it caused by a risk of your employment. However, I think you should prevail since (1) your work required you to see client; (2) to do this you drove your car; (3) another person parked his car too close to yours; and (4) you had to be in an awkward position to open your door.
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