Virginia Law Exceptions for Protection of Others from Third Parties

A Martindale-Hubbell AV-rated lawyer based in Richmond, VA, Claire C. Carr is a member of the Virginia Bar Association and the Virginia Workers’ Compensation Advisory Conference Steering Committee. Claire C. Carr serves as managing partner of the Workers’ Compensation Practice Group at Kalbaugh, Pfund & Messersmith, PC, and has 30 years of experience in Virginia law.

Virginia law explicitly states that individuals have no obligation to protect others from the actions of another party. However, there are three exceptions to this rule, one of which was recently recognized in the published case A.H. v. Church of God in Christ, Inc., 297 Va. 604 (2019). Prior to this landmark case, the only exceptions involved individuals who either expressed or implied a duty to protect another individual from harm and existing special relationships under Virginia law such as business and customer or innkeeper and guest. In these instances, the business and innkeeper might be duty-bound to protect their respective guests.

The recently published case, meanwhile, recognized a new special relationship between someone deemed to be a “vulnerable individual” in a custodial relationship and their legal guardian. However, because this special relationship is relatively unclear compared to other longstanding relationships under Virginia law, it will be difficult to apply in subsequent cases. This is in large part due to the fact that the Virginia Supreme Court made no attempt to clearly define who might qualify as a “vulnerable individual.”

Tailoring a Defense Strategy to a Millennial Jury

Admitted to the Virginia State Bar and the 4th Circuit Court of Appeals, Claire C. Carr currently serves as managing partner and vice president of Kalbaugh, Pfund & Messersmith in Richmond, VA. Since joining the firm in 1992, lawyer Claire C. Carr has defended both insurance carriers and insured individuals in approximately 75 jury trials.

In a jury trial, the jury itself is an important factor in a defense strategy, and as jury pools change over time, defense lawyers must plan and execute their strategies accordingly.

Generally defined as the group of individuals born between 1981 and 1996, millennials are now the most populous generation in the United States. Because they are a growing presence in the workforce and society, they play an increasingly important role in jury pools.

Though they are typically more educated and more racially diverse than older generations, millennials are less likely to be religious or to have served in the military. They tend to process information rapidly and visually, which means attorneys would do well to use sound bites and rely heavily on technology. Because millennials place a high emphasis on personal safety, trial lawyers should organize a defense strategy that considers what millennial jurors might think of an employer’s ethical commitment to a safe workplace.

Virginia Orders 30-Day Response Time for Workers’ Compensation Claims

An accomplished attorney based in Richmond, VA, Claire C. Carr has served as the managing partner at Kalbaugh, Pfund & Messersmith, P.C., since 1990. Recognized as a Virginia Super Lawyer in three consecutive years, Claire Carr defends insurance carriers, privately owned employers, and other clients in workers’ compensation matters.

Recently, the Commonwealth of Virginia passed a new workers’ compensation law that affects employers after a work-related accident occurs. The new law, §65.2-601.2 of the Workers’ Compensation Act, took effect on July 1, 2020, and states that an employer must advise an employee who has filed a workers’ compensation claim about whether the claim will be accepted or denied within 30 days of the filing. In addition, the employer must specify the reasons for the denying a claim.

In those cases where an employer needs more information in order to make a decision on a claim, it must notify the employee of the specific information required for such a decision. The new law also permits employers to send the required notice to the employee via email, with their consent.

The new law takes effect after an employee files a claim with the Virginia Workers’ Compensation Commission, which will then issue a 30 Day Order to the employer. An employer who fails to respond to a 30 Day Order could face a fine ranging from $500 to $5,000.

Deadline for Giving Notice of an Accident to the Employer in Virginia

Claire C. Carr is vice president and managing partner of the Workers’ Compensation Practice Group of Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. As a lawyer with nearly 30 years of litigation experience, Claire C. Carr and her team of 9 lawyers, defend employers and insurance carriers in workers’ compensation claims throughout Virginia.

Filing a workers compensation claim in Virginia is impacted by several time limits. One of the most important time considerations is the deadline for notifying the employer of the injury by accident.

The Va. Workers’ Compensation provides that an employee injured on the job must be given written notice of his or her accident to the employer within 30 days of the accident, though an employer’s actual knowledge of an injury obviates the need for formal written notice. Once 30 days have passed since the injury and the employee still has not reported the incident to the employer, the claim may be denied.

If the injured worker provides a reasonable excuse for his or her delay in notifying the employer, and the Commission finds that excuse to be valid, it will next consider whether the employer was prejudiced by the delay in receiving notice of the injury. The burden shifts to the employer to establish how the delay in receiving notice prejudiced it (for example, the worker’s injury may have been less severe had the employer been able to provide medical attention sooner). If the Commission finds the employer was not prejudiced by the delay, the injured worker may be excused for failing to provide timely notice. If the Commission finds the employer has established prejudice, the injured worker will be barred from receiving compensation.