Can I Still Get Workers Compensation in Virginia if I Am Injured While Violating Company Rules?

Jan 14, 2022 | Workers' Compensation

 

Workplace injuries are relatively common, with 2.3 million work-related accidents reported per year. The most common injuries include overexertion and slips and falls, but there are countless ways to get injured on the job. Even a benign office environment can result in a serious injury.

 

As a general rule, your employer’s workers’ compensation insurance will compensate you for the cost of your injury, including lost wages, medical bills, and retraining. This is true even if the incident that led to your injury was your fault.

 

However, several exceptions apply to this rule, including what happens if you violate a company policy. In this article, we’ll go over this rule and share a real-world scenario about workers’ compensation in Virginia.

 

Is Workers’ Compensation Available for Employees Who Violated a Company Rule?

 

Some jobs are more dangerous than others, and a company will generally have a set of rules that employees must follow while on the premises. The rules could pertain to wearing safety gear, handling machinery and materials, and performing tasks in a particular way.

 

If an employee violates a company rule, they are frequently barred from collecting workers’ compensation benefits. This is especially true if the employee was aware of the policy and purposefully violated it.

 

Workers’ compensation in Virginia can be challenging for an employee to receive because it’s the insurance company’s job to find any possible reason to deny a claim. They will look for evidence that you knowingly violated a policy, and that violation caused your injury. It’s not uncommon for the insurance company to ask dozens of questions in different ways, waiting for you to answer in a way that invalidates your claim.

 

Even if you violated a company rule, there are some situations where you can still collect benefits. Examples include:

 

  Lack of training: If you’re a new employee who hasn’t been fully trained, you may have unknowingly violated the rule.

 

  Unclear or ambiguous rules: If the company has conflicting policies or the rules are hard to understand, compliance may be impossible.

 

  Failure to post rule: If your employer has not informed you of rules or posted them in a readily accessible place, you can argue that you were unaware of the rule.

 

  The violation is not related to the accident: You may have broken a company rule, but if the violation has nothing to do with your actual injury, it might not be relevant to your claim.

 

  The violation was a mistake: Mistakes happen, and even if you broke a rule, if you did so without purposeful intent, you could still argue your case.

 

These examples do not cover all possible scenarios where you may still be able to receive benefits despite violating a rule. A workers’ compensation attorney can help you determine whether your violation is likely to bar you from compensation.

 

Contact a Virginia Workers’ Compensation Attorney

 

If you’ve been injured on the job, we highly recommend getting in touch with an attorney to help ensure your rights are protected. As you can see from Loretta’s case, there are many ways an employee can get tripped up and inadvertently say or do something that causes an insurance company to deny a workers’ compensation claim.

 

At Geoff McDonald & Associates, we provide guidance and counsel to Virginia employees to help them recover a fair settlement. Contact us for a free consultation.

Geoff McDonald and Associates: 866-369-9051.

FREE CONSULTATION

No Fees Unless We Win





    If I Get Injured at Work in Virginia, How Long Do I Have to Report It?

      Whether you’re in Virginia or another state, all work-related injuries or accidents must be reported to your employer as soon as possible.   Our workers’ compensation attorneys often get asked how long they have to report their injury and what happens if they...

    What Are My Rights if I Was Injured by a Third-party at the Workplace?

    You have a right to pursue an insurance claim or lawsuit against a third party when they cause a workplace accident. If the accident is not due to your work specifically and your employer is not the reason for the accident, workers’ compensation might not cover the...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald