My employer is based in Virginia, but I was working in another state when I was injured. Does the Virginia Workers’ Compensation Act apply?
In the event a worker is injured in a state outside Virginia (sometimes referred to as a “foreign injury”), the injured worker may have a choice of where they may file a claim. If the accident would otherwise be compensable in Virginia, then the injured worker or his dependents can receive benefits if: 1) the contract of employment was made in Virginia, and 2) the employer’s place of business is in Virginia, as long as the contract of employment was not expressly for service exclusively outside of Virginia.
However, if an injured worker receives compensation or damages under the workers’ compensation laws of any other state, Virginia’s foreign injury statute shall not be construed to permit a total compensation for the same injury greater than that provided under in the Virginia Workers’ Compensation Act.
