Most workers who sustain injuries arising out of and in the course of employment in the Commonwealth of Virginia will be covered by the Virginia Workers’ Compensation Act. Jurisdiction can be conferred if the injury occurs in Virginia or the employee is hired in the Commonwealth and the employer does business here.
Workers who are injured overseas may be covered by the Defense Base Act. This Act provides coverage similar to the Longshore and Harbor Workers’ Compensation Act, and applies to the following classes of employees, whether civilian or military:
- Those working on a military base or reservation outside of the United States;
- Those engaged in government-funded public works businesses outside the United States;
- Employees engaged in public works or military contracts with a foreign government where the work has been deemed necessary to U.S. national security;
- Employees that provide services funded by the U.S. government outside of regular military channels; and
- Employees of subcontractors who are prime contractors of entities involved in activities, such as paragraphs one through four above.
Benefits under the Defense Base Act are administered by the U. S. Department of Labor. Disability benefits are based upon the injured workers’ average weekly earnings, and are subject to a maximum (as of September 30, 2015) of $1,377.02 per week. If you have an on the job injury claim, then it important to know about, and obtain the benefits that the employer is legally obligated to provide.
For further information concerning benefits for injuries either occurring within or outside the Commonwealth of Virginia, then contact Benjamin J. Trichilo, Esq. (703-934-1198).
Disclaimer: This firm only offers legal advice to clients, and the facts of a particular situation usually drive the legal advice we give to clients. This message is not intended to be legal advice appropriate for all situations.
