Workers Compensation

The Virginia Workers’ Compensation Act provides a legal framework to compensate injured workers for job-related injuries. It was designed to ensure that workers and their families are properly cared for and compensated following workplace injuries.

A restaurant server was entering an order into a micro computer in the restaurant kitchen, when co-workers began pelting him with ice from behind as a joke.  The server turned around, and when he raised his arm to shield his face from incoming bits of ice, his shoulder dislocated.  Surgery was required.  The Deputy Commissioner who heard the case determined the server was the “innocent victim of horseplay,” and that the claim was compensable.  However, on appeal, the full Commission determined that the hundred year old common law allowing “innocent victims of horseplay” to recover had changed, and benefits were denied.  The Court of Appeals affirmed.  The Supreme Court of Virginia reversed, and found that the full Commission and the Court of Appeals misapplied the law, and that the law allowing “innocent victims of horseplay” to recover workers’ compensation benefits remains viable in Virginia.

Representative Clients

A 48 year-old forklift operator sustained a serious shoulder injury in the course of his employment. The forklift operator’s neck injury went undiagnosed until shortly before the two year limitation period. When the insurer denied the claim for injury to the cervical spine, Attorney McNamara promptly filed and pursued the claim for neck injury, which was determined to be compensable. Read More

Awards & Associations

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