Category: insurance

Virginia COVID-19 Workers’ Comp Expansion Tabled by Senate Committee

A member of the Virginia Bar Association, Claire C. Carr is a shareholder, Vice President and Managing Partner of the Workers’ Compensation Practice Group at Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. In this regard, lawyer Claire C. Carr defends workers’ compensation claims on behalf of insurance carriers, self-insured companies, employers and third-party administrators before the Virginia Workers’ Compensation Commission.

Workers’ compensation for healthcare workers, teachers, and first responders who have contracted COVID-19 has become a contentious issue in Virginia. This past July, Virginia’s largest school insurer said school employees who became infected with the novel Coronavirus were unlikely to receive compensation, as COVID-19 is deemed an “ordinary disease of life” as opposed to one that disproportionately affects certain professions. As of September 10, two bills attempting to reclassify the disease as an occupational disease were stalled due to budgetary concerns, despite support from first responders.

The most recent legislation, introduced by Sen. Dick Saslaw, D-Fairfax, was effectively denied by a Virginia Senate Committee over concerns of the estimated $2.7 billion budget shortfall until 2022. Sen. Steve Newman, R-Lynchburg, called the proposed legislation “a well-meaning item,” but expressed fiscal responsibility concerns.

Can Injured Subcontractors Sue the Companies that Hired Contractors?

A lawyer with almost 30 years of experience, Claire C. Carr is the vice president and managing partner of Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. Having defended corporate clients in nearly 75 jury trials, Claire C. Carr is skilled at representing employers and insurance carriers in worker’s compensation cases.

Many people have questions about recourse if they are injured when working for an uninsured contractor. A recent ruling by the Virginia Supreme Court sheds some light on the topic. To establish the liability of an entity, a claimant must show that the contracted work was performed for a statutory employer.

To assign liability to the company that hired the contractors, the claimant must show that the relevant project fell within the trade, business, or occupation of the company, making it a statutory employer. For instance, if a law firm is contracting the construction of a new building, the law firm would not be a statutory employer of subcontractors unless staff members of the law firm were actively directing the construction.