Workers’ Compensation Defense Digest | July 2023
Accidents that happen outside of Virginia are known as “foreign injuries” under Virginia Code § 65.2-508. That code section provides the framework for determining whether the accident falls under the jurisdiction of the Virginia Workers’ Compensation Act.
When an accident takes place outside of Virginia, the claimant can recover under the Act if both:
(1) The claimant’s contract of employment was made in Virginia; and
(2) The employer has a place of business in Virginia; provided the contract of employment was not expressly for services outside Virginia.
It is the claimant’s burden to establish these elements.
Contract of Employment
The contract of employment may be in writing or may be a verbal agreement. The place where the last act necessary to give validity to a contract occurs is the place where the contract is made.
Determining where the last act necessary to complete the contract is made can be tough, but the case law provides useful examples:
In Pro-Football Inc. v. Paul, 39 Va. App. 1, 569 S.E.2d 66 (Sept. 3, 2002), a professional football player was traded from the Denver Broncos to the Washington Commanders. As a