I Got Hurt At Work – Why Are They Denying The Claim?

To be a compensable work accident, your claim must pass two tests. First, the injury must occur in the course of your employment. Second, the accident must arise out of the employment. "In Virginia, we employ the `actual risk' test to determine whether an injury `arises out of' the employment." Hill City Trucking, Inc. v. Christian, 238 Va. 735, 739 (1989). "Consequently, an accident arises out of the employment when it is apparent to a rational mind, under all attending circumstances, that a causal connection exists between the conditions under which the work is required to be performed and the resulting injury." Lipsey v. Case, 248 Va. 59, 61 (1994).

Not surprisingly, creative lawyers sometimes disagree on whether a certain accident arises out of the employment. Just because a claim has been denied by the adjuster for the insurance company does not mean your claim is not valid.