They rush in the workplace. You go down the stairs and you miss a step or stumble and off you go. This can be a serious injury, depending on the seriousness of the case lead. Since this has happened at work, and there on company business, this should be compensable under workers' compensation law. But in Virginia, you have a problem.
It is not enough to show in Virginia that you were at work when the accident occurred. Virginia hasrejected the "positional risk" test in favor of the "actual risk" test. This means that something must have caused the case. This is something that must be a "risk" of employment. So if there is a smooth substance on the floor, or if the steps were smooth, or if the carpet on the stairs was broken or if the stairs do not have adequate lighting, or if the steps themselves were smaller than normal, or higher than normal, then the victim can identify employees in a position toneeded "real risk" associated with employment. Even if the employee was wearing something that the descent of the steps riskier than normal for the "real risk", the claim in an accident could have been converted compensable. However, if the employee simply lacks the step in a normal way up or down the stairs, then the claim is rejected because no "actual risk has been shown."
In summary, the injured worker who has fallen on a stairway or a ladder at workwell advised to discuss this incident as quickly as possible with an experienced workers compensation attorney.
This can be considered an advertisement or advertising material under the rules of professional conduct for lawyers in Virginia. This note is intended for general information only. The information should not be presented in this article are designed to be formal legal advice nor the formation of a lawyer / client relationship.
