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Deadline for Giving Notice of an Accident to the Employer in Virginia

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Deadline for Giving Notice of an Accident to the Employer in Virginia

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Claire C. Carr is vice president and managing partner of the Workers’ Compensation Practice Group of Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. As a lawyer with nearly 30 years of litigation experience, Claire C. Carr and her team of 9 lawyers, defend employers and insurance carriers in workers’ compensation claims throughout Virginia.

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Claire C. Carr is vice president and managing partner of the Workers' Compensation Practice Group of Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. As a lawyer with nearly 30 years of litigation experience, Claire C. Carr and her team of 9 lawyers, defend employers and insurance carriers in workers' compensation claims throughout Virginia.

Filing a workers compensation claim in Virginia is impacted by several time limits. One of the most important time considerations is the deadline for notifying the employer of the injury by accident.

The Va. Workers' Compensation provides that an employee injured on the job must be given written notice of his or her accident to the employer within 30 days of the accident, though an employer's actual knowledge of an injury obviates the need for formal written notice. Once 30 days have passed since the injury and the employee still has not reported the incident to the employer, the claim may be denied.

If the injured worker provides a reasonable excuse for his or her delay in notifying the employer, and the Commission finds that excuse to be valid, it will next consider whether the employer was prejudiced by the delay in receiving notice of the injury. The burden shifts to the employer to establish how the delay in receiving notice prejudiced it (for example, the worker's injury may have been less severe had the employer been able to provide medical attention sooner). If the Commission finds the employer was not prejudiced by the delay, the injured worker may be excused for failing to provide timely notice. If the Commission finds the employer has established prejudice, the injured worker will be barred from receiving compensation.

A member of the Virginia State Bar, experienced insurance defense lawyer Claire C. Carr has been certified to practice in the United States Court of Appeals for the Fourth Circuit and the US District Court for the Eastern District of Virginia. AV-rated by Martindale-Hubbell, she has served as the managing partner of Kalbaugh, Pfund & Messersmith's Workers' Compensation department since 1999. As such, Claire C. Carr has defended claims on behalf of large national corporations, insurance carriers, and others. As the vice president and a shareholder of the Richmond, VA-based civil litigation firm from 1992 to 1999, she performed insurance defense litigation in approximately 75 jury trials and since 2000 has practiced exclusively in workers' compensation defense. View all posts by claireccarr

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Deadline for Giving Notice of an Accident to the Employer in Virginia

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Claire C. Carr is vice president and managing partner of the Workers' Compensation Practice Group of Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. As a lawyer with nearly 30 years of litigation experience, Claire C. Carr and her team of 9 lawyers, defend employers and insurance carriers in workers' compensation claims throughout Virginia.

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Select Virginia Courts Resuming Jury Trails in September

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Select Virginia Courts Resuming Jury Trails in September

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Richmond, VA-based lawyer Claire C. Carr draws upon 30 years of legal experience to manage the Workers’ Compensation Practice Group at Kalbaugh, Pfund & Messersmith, PC. Claire C. Carr has served as managing partner of the group since 1999, and prior to that she handled insurance defense litigation matters and represented the firm’s clients in approximately 75 jury trials in the Virginia court system.

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Richmond, VA-based lawyer Claire C. Carr draws upon 30 years of legal experience to manage the Workers' Compensation Practice Group at Kalbaugh, Pfund & Messersmith, PC. Claire C. Carr has served as managing partner of the group since 1999, and prior to that she handled insurance defense litigation matters and represented the firm's clients in approximately 75 jury trials in the Virginia court system.

On September 4, 2020, the Supreme Court of Virginia enacted the Tenth Order Extending Declaration of Judicial Emergency in Response to Covid-19 Emergency. This extended all emergency and safety provisions across all courts of the Commonwealth through October 11. This order doesn't mean, however, that courts aren't unable to hold in-person hearings and trials. In fact, the Henrico, Norfolk, Stafford, and Alleghany Circuit Courts were all due to resume jury trials in September (with consideration to various health and safety measures).

All jurors, witnesses, litigants, and employees at these courthouses will be required to wear personal protective equipment and adhere to social distancing guidelines. All surfaces will also be regularly cleaned and disinfected. At Alleghany Circuit Court, seats have been removed from the first-floor lobby to allow more space for social distancing, and elevator usage has been limited to two individuals at a time. In addition, seating in the jury box has been arranged in a diamond pattern to ensure adequate distance between and within rows.

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Select Virginia Courts Resuming Jury Trails in September

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Richmond, VA-based lawyer Claire C. Carr draws upon 30 years of legal experience to manage the Workers' Compensation Practice Group at Kalbaugh, Pfund & Messersmith, PC. Claire C. Carr has served as managing partner of the group since 1999, and prior to that she handled insurance defense litigation matters and represented the firm's clients in approximately 75 jury trials in the Virginia court system.

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Tailoring a Defense Strategy to a Millennial Jury

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Tailoring a Defense Strategy to a Millennial Jury

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Admitted to the Virginia State Bar and the 4th Circuit Court of Appeals, Claire C. Carr currently serves as managing partner and vice president of Kalbaugh, Pfund & Messersmith in Richmond, VA. Since joining the firm in 1992, lawyer Claire C. Carr has defended both insurance carriers and insured individuals in approximately 75 jury trials.

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Admitted to the Virginia State Bar and the 4th Circuit Court of Appeals, Claire C. Carr currently serves as managing partner and vice president of Kalbaugh, Pfund & Messersmith in Richmond, VA. Since joining the firm in 1992, lawyer Claire C. Carr has defended both insurance carriers and insured individuals in approximately 75 trials.

In a jury trial, the jury itself is an important factor in a defense strategy, and as jury pools change over time, defense lawyers must plan and execute their strategies accordingly.

Generally defined as the group of individuals born between 1981 and 1996, millennials are now the most populous generation in the United States. Because they are a growing presence in the workforce and society, they play an increasingly important role in jury pools.

Though they are typically more educated and more racially diverse than older generations, millennials are less likely to be religious or to have served in the military. They tend to process information rapidly and visually, which means attorneys would do well to use sound bites and rely heavily on technology. Because millennials place a high emphasis on personal safety, trial lawyers should organize a defense strategy that considers what millennial jurors might think of an employer's ethical commitment to a safe workplace.

A member of the Virginia State Bar, experienced insurance defense lawyer Claire C. Carr has been certified to practice in the United States Court of Appeals for the Fourth Circuit and the US District Court for the Eastern District of Virginia. AV-rated by Martindale-Hubbell, she has served as the managing partner of Kalbaugh, Pfund & Messersmith's Workers' Compensation department since 1999. As such, Claire C. Carr has defended claims on behalf of large national corporations, insurance carriers, and others. As the vice president and a shareholder of the Richmond, VA-based civil litigation firm from 1992 to 1999, she performed insurance defense litigation in approximately 75 jury trials and since 2000 has practiced exclusively in workers' compensation defense. View all posts by claireccarr

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Tailoring a Defense Strategy to a Millennial Jury

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Admitted to the Virginia State Bar and the 4th Circuit Court of Appeals, Claire C. Carr currently serves as managing partner and vice president of Kalbaugh, Pfund & Messersmith in Richmond, VA. Since joining the firm in 1992, lawyer Claire C. Carr has defended both insurance carriers and insured individuals in approximately 75 jury trials....

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Virginia Negligence Law Expanded to Include Vulnerable Individuals

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Virginia Negligence Law Expanded to Include Vulnerable Individuals

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A lawyer based in Richmond, VA, Claire C. Carr possesses three decades of legal experience and over her career has handled cases spanning from workers’ compensation claims to premises liability claims to motor vehicle negligence claims. Most of the attorneys at Claire's firm, KPMLAW, defend claims by persons claiming injuries as the result of someone else's negligence. This relates to a Virginia law stating that each person must, as a general duty, exercise ordinary care, such that their actions do not result in injury to others.

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A lawyer based in Richmond, VA, Claire C. Carr possesses three decades of legal experience and over her career has handled cases spanning from workers' compensation claims to premises liability claims to motor vehicle negligence claims. Most of the attorneys at Claire's firm, KPMLAW, defend claims by persons claiming injuries as the result of someone else's negligence. This relates to a Virginia law stating that each person must, as a general duty, exercise ordinary care, such that their actions do not result in injury to others.

The duty of ordinary care does not typically extend to protecting others from harm due to the actions of a third party, unless the defendant knew or should have known of a heightened risk of injury caused by third parties. There are exceptions where a duty does arise to protect someone from harm caused by a third party. For example, where a "special relationship" is deemed to exist, such as between a hotel or restaurant proprietor and a guest or between a business and its invitee, the duty of protection may arise.

One noteworthy example of a newly defined special relationship is the 2019 Virginia Supreme Court decision A.H. v. Church of God in Christ, Inc. (297 Va. 604). The case centered on sexual abuse allegations levied by a minor against a deacon at the church, and it defined a special relationship as existing between a custodian, such as a church, and a "vulnerable individual" within the custodial relationship.

While the application of this special relationship may be challenging to apply, as the Virginia Supreme Court did not define "vulnerable individual," it is now an important factor of risk-and-liability analysis. This is particularly true among those who have relationships or contracts involving duty of care in protecting others.

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Virginia Negligence Law Expanded to Include Vulnerable Individuals

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A lawyer based in Richmond, VA, Claire C. Carr possesses three decades of legal experience and over her career has handled cases spanning from workers' compensation claims to premises liability claims to motor vehicle negligence claims. Most of the attorneys at Claire's firm, KPMLAW, defend claims by persons claiming injuries as the result of someone else's negligence.

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Claire is a partner with Kalbaugh, Pfund & Messersmith, PC. Specializing in the defense of employers throughout the State of Virginia. She received her BS from Virginia Tech and her JD from the University of Richmond School of Law. She is active