Legal Question in Workers Comp in Virginia
Injury while on travel assignment
I dive for the US government and was out of state at another activity. While going from work to the hotel I was injured. My coworkers and I were crowded into an elevator and there was some pushing (not unfriendly) going on because there was barely enough room for all of us. When we exited the elevator, I jogged to my room. Unknown to me, a coworker was chasing me to tackle me. He hit me from behind and knocked me down. I fell to my knees and his full weight came down on top of me. I could not get up immediately because I had pain in my knee. When I looked at the injury, my knee was skinned deeply and my hip hurt slightly. The knee healed but the hip got worse and now I can hardly walk or stand for anything but short periods. The MRI diagnosis is a herniated disk. There were witnesses, including the supervisor who saw everything but nobody told me to complete an injury form at the time. I didn't thinking it would get better as time passed. I have filed the paperwork but was told by my workmen's comp office that regardless of who is at fault, I am not covered even though I was officially on the job because there was ''horseplay'' involved. What is my recourse on this?
2 Answers from Attorneys
Re: Injury while on travel assignment
Arrange a consultation with an attorney who handles Workers'Compensation law claims.
You may also wish to consider pursuing a civil
(tort)law claim for damages against the one directly responsible for your injury.
Re: Injury while on travel assignment
If you are a federal employee, then your question involves federal workers comp law and not virginia workers comp law. I do not know the answer if "horseplay" would be compenable under federal law but under virginia law it can be compensable.
Gerald G. Lutkenhaus
1-800-256-8862