Legal Question in Workers Comp in Virginia

Re: WC Claim for undue stress brought on by harassed by supervisor and threatene

Under the Virginia Workers' Compensation Act, employees are entitled to receive compensation for an "injury by accident" or an "occupational disease".

An accident is defined as a mishap which:

1).occurs at work or a work related function;

2).is causewd by a specific work activity;

3).happens suddenly at a specific time.

Injuries which come about gradually or from repetitive trauma are specifically excluded under the Act.

Occupational disease is defined as one caused by the work and not involving the spine, neck, or back.

The kind of work related stress which you have described in your question would most definitely

not be covered by the Act.

Re: WC Claim for undue stress brought on by harassed by supervisor and threatene

Stress caused by a hostile work enviroment or by a a hostile supervisor is not compensable under Virginia Workers' Compensation law either as an occupation disease or as an accident. I base this answer on my 25 years of practicing Virginia Workers' Compensation law. Since Virginia is an employment at will state, there are very few rights for an employee who is not a state, federal, government or union employee.

Gerald G. Lutkenhaus

804-358-4766