| Requires, after the first occurrence of a failure to timely pay compensation under the Virginia Workers Compensation Act and upon the occurrence of any subsequent or successive failure to pay compensation, that an additional penalty be added to the unpaid compensation amount in an amount that increases from $100 for the first subsequent failure to pay compensation to $500 for the fifth and any subsequent failures to pay compensation. | House | 6/8/2023 | HB 1966 | Failed | 2023 |
| Requires each employer subject to the Virginia Workers Compensation Act to provide notice to covered employees of the employees' right to dispute the denial of a claim through the Virginia Workers Compensation Commission; specifies the language of such notice; provides that an employer that fails to provide such notice may be subject to the civil penalty provisions of the Virginia Workers Compensation Act. | Senate | 6/8/2023 | SB 1037 | Failed | 2023 |
| Allows dispatchers to claim workers compensation benefits relating to post-traumatic stress disorder under the Virginia Workers Compensation Act. | Senate | 6/8/2023 | SB 1088 | Failed | 2023 |
| Relates to premium discounts for employers providing high-quality work-based learning experiences. | House | 6/8/2023 | HB 2002 | Failed | 2023 |
| Relates to workers compensation; post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers, firefighters, and dispatchers. | House | 6/8/2023 | HB 2322 | Failed | 2023 |
| Provides that, subject to approval of the State Corporation Commission, two or more workers compensation group self-insurance associations may merge if the resulting group self-insurance association assumes in full all obligations of the merged group self-insurance associations.
| House | 3/27/2023 | HB 2418 | Enacted | 2023 |
| Changes references to certain practitioners in the Code to advanced practice registered nurse in order to align the Code with the professional designations established by the Consensus Model for Advanced Practice Registered Nurses Regulation established by the National Council of State Boards of Nursing. | Senate | 3/24/2023 | SB 975 | Enacted | 2023 |
| Expands the workers compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include bladder and thyroid cancer. The presumption for these cancers does not apply for any individual diagnosed with such a condition before July 1, 2023. | House | 3/23/2023 | HB 1408 | Enacted | 2023 |
| Expands the workers compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include (i) arson investigators or bomb investigators employed by the Department of State Police and (ii) members of the State Police Officers' Retirement System who collect, analyze, or handle hazardous materials, infectious biological substances and radiological agents, fentanyl, or methamphetamine. | House | 3/23/2023 | HB 1410 | Enacted | 2023 |
| Provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers Compensation Act on the same basis as post-traumatic stress disorder, except in the case of responding to crime scenes for investigation. Provides that a mental health professional must diagnose the covered individual as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, defined in the bill as an incident or exposure occurring in the line of duty on or after July 1, 2023, and includes other conditions for compensability. | Senate | 3/23/2023 | SB 904 | Enacted | 2023 |
| Expands the workers compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include bladder and thyroid cancer. The presumption for these cancers does not apply for any individual diagnosed with such a condition before July 1, 2023. | Senate | 3/23/2023 | SB 906 | Enacted | 2023 |
| Provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act on the same basis as post-traumatic stress disorder, except in the case of responding to crime scenes for investigation. The bill provides that a mental health professional must diagnose the covered individual as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, defined in the bill as an incident or exposure occurring in the line of duty on or after July 1, 2023, and includes other conditions for compensability. | House | 3/23/2023 | HB 1775 | Enacted | 2023 |
| Expands the workers compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include (i) arson investigators or bomb investigators employed by the Department of State Police and (ii) members of the State Police Officers' Retirement System who collect, analyze, or handle hazardous materials, infectious biological substances and radiological agents, fentanyl, or methamphetamine. | Senate | 3/23/2023 | SB 1038 | Enacted | 2023 |
| Allows dispatchers to claim workers compensation benefits relating to post-traumatic stress disorder under the Virginia Workers Compensation Act.
| House | 2/8/2023 | HB 1631 | Failed | 2023 |
| Provides that, for the purposes of the Virginia Workers Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises; provides that such injuries or diseases are covered under the Act and that such coverage does not require that the injuries or diseases occurred over a particular time period, provided that such time period can be reasonably identified. | House | 2/8/2023 | HB 1763 | Failed | 2023 |
| Establishes a workers compensation presumption for back, hip, knee, and neck injuries that cause the death or disability of law-enforcement officers who have completed five years of service and are required to wear a duty belt as a condition of employment. | House | 2/8/2023 | HB 1905 | Failed | 2023 |
| Extends from December 31, 2021, to December 31, 2022, the date by which COVID-19 causing the death or disability of a health care provider is presumed to be an occupational disease compensable under the Workers Compensation Act. | House | 4/12/2022 | HB 932 | Enacted | 2022 |
| Provides that the time period for filing a workers compensation claim for certain cancers is two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs; provides, however, that such claim for benefits shall be barred if an employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment. | House | 4/12/2022 | HB 1042 | Enacted | 2022 |
| Requires compensation for permanent and total incapacity to be awarded for the loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof either from the same accident or a compensable consequence of an injury sustained in the original accident.
| Senate | 4/12/2022 | SB 351 | Enacted | 2022 |
| Provides that the time period for filing a workers compensation claim for certain cancers is two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs; provides, however, that such claim for benefits shall be barred if an employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment. | Senate | 4/12/2022 | SB 562 | Enacted | 2022 |
| Relates to employer duty to furnish medical attention; cost limit. | House | 4/11/2022 | HB 689 | Enacted | 2022 |
| Provides that cost-of-living supplements shall be payable to claimants who are receiving disability benefits under the Virginia Workers Compensation Act but are not receiving federal disability benefits. | Senate | 4/8/2022 | SB 677 | Enacted | 2022 |
| Requests the Workers Compensation Commission to study the practice of charging workers compensation premiums on bonus pay, vacation time, and holidays. | House | 3/10/2022 | HJ 11 | Passed Both Chambers | 2022 |
| Provides that the presumption that COVID-19 causing the death or disability of certain employees is an occupational disease compensable under the Virginia Workers Compensation Act; does not apply to an individual who fails or refuses to receive a vaccine for the prevention of COVID-19 either approved by or with an Emergency Use Authorization issued by the U.S. Food and Drug Administration, unless the person is immunized or the person's physician determines in writing that the immunization would pose a significant risk to the person's health.
| Senate | 3/9/2022 | SB 181 | Failed | 2022 |
| Requires each employer subject to the Virginia Workers Compensation Act to provide notice to covered employees of the employees' right to dispute a claim through the Virginia Workers Compensation Commission; such notice must include specific text as included in the bill; provides that an employer who fails to provide such notice may be subject to the civil penalty provisions of the Virginia Workers Compensation Act. | Senate | 3/9/2022 | SB 226 | Failed | 2022 |
| Provides that an anxiety disorder or depressive disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers Compensation Act on the same basis as post-traumatic stress disorder; provides that a mental health professional must diagnose the law-enforcement officer or firefighter as suffering from anxiety disorder or depressive disorder as a result of a qualifying event and includes other conditions for compensability.
| Senate | 3/9/2022 | SB 289 | Failed | 2022 |
| In part, requires under the Workers Compensation Act, in order to determine the cause of a workplace accident that harmed an employee, an employer to require post-accident drug testing for the use of a nonprescribed controlled substance of any employee whose conduct could have contributed to the accident; prohibits an insurer from providing premium discounts for a drug-free workplace to an employer unless the employer has policies in place requiring such post-accident drug testing. | House | 2/16/2022 | HB 153 | Failed | 2022 |
| Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for full-time sworn members of the Department of Motor Vehicles Law Enforcement Division who have at least five years of service. | House | 2/16/2022 | HB 926 | Failed | 2022 |
| Extends by one year the December 31, 2021, expiration date of the presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers Compensation Act, if certain conditions for diagnosis are met; adds employees of the Department of Juvenile Justice and the Department of Corrections to the COVID-19 presumption for workers compensation, if diagnosed with COVID-19 before January 1, 2022; adds correctional officers to the list of employees for whom hypertension or heart disease is considered covered for workers compensation, if diagnosed with hypertension or heart disease before January 1, 2022. | House | 2/16/2022 | HB 995 | Failed | 2022 |
| Provides that, for the purposes of the Virginia Workers Compensation Act, "occupational disease" includes injuries from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stress, contact stresses, vibration, or noise; provides that such injuries are covered under the Act.; such coverage does not require that the injuries occurred over a particular time period under the bill, provided that such a period can be reasonably identified. | House | 2/16/2022 | HB 1002 | Failed | 2022 |
| Provides that an employee is not barred from receiving workers compensation benefits due to a failure to market residual work capacity if credible evidence supports that the employee (i) is reasonably unemployable based upon age, education, work history, or medical conditions or (ii) is employable in some capacity and has registered with the Virginia Employment Commission. | House | 2/16/2022 | HB 730 | Failed | 2022 |
| Reduces from five to three the years of service required for firefighters and certain other employees to qualify for the cancer presumption of an occupational disease for the purposes of workers compensation.
| House | 2/16/2022 | HB 1056 | Failed | 2022 |
| Provides that individuals who are engaged in providing domestic service are not excluded from the Virginia Workers Compensation Act. | House | 2/16/2022 | HB 1196 | Failed | 2022 |
| Provides that an anxiety disorder or depressive disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers Compensation Act on the same basis as post-traumatic stress disorder; provides that a mental health professional must diagnose the law-enforcement officer or firefighter as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, as defined in the Code, and includes other conditions for compensability. | House | 2/16/2022 | HB 742 | Failed | 2022 |
| Relates to workers compensation; presumption as to death or disability from COVID-19. | Senate | 4/8/2021 | SB 1375 | Enacted | 2021 |
| Relates to workers compensation; presumption as to death or disability from COVID-19. | House | 4/8/2021 | HB 2207 | Enacted | 2021 |
| Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. The provisions of the bill do not apply to any individual who was diagnosed with hypertension or heart disease before July 1, 2021. | House | 4/2/2021 | HB 1818 | Enacted | 2021 |
| Relates to workers compensation; presumption as to death or disability of health care providers from COVID-19. | House | 4/2/2021 | HB 1985 | Enacted | 2021 |
| Relates to the employees providing domestic service; application of laws applicable to employee safety. | House | 4/2/2021 | HB 2032 | Enacted | 2021 |
| Relates to employee classification: disaster; personal protective equipment. | House | 4/2/2021 | HB 2134 | Enacted | 2021 |
| Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. The provisions of the bill do not apply to any individual who was diagnosed with hypertension or heart disease before July 1, 2021 | Senate | 4/2/2021 | SB 1275 | Enacted | 2021 |
| Relates to workers compensation; claims not barred. | Senate | 4/2/2021 | SB 1351 | Enacted | 2021 |
| In part, removes obsolete and duplicative provisions, and improves the structure and clarity of statutes pertaining to the administration of the Department of Mines, Minerals and Energy, underground and surface coal mining, underground and surface mineral mines, the Virginia Gas and Oil Act, energy from wind, solar, geothermal, and nuclear sources, and energy policy. | Senate | 3/30/2021 | SB 1453 | Enacted | 2021 |
| Prohibits an employer or other person from discharging or taking other retaliatory action against an employee if such action is motivated by the knowledge or belief that the employee has filed a claim or taken or intends to take certain actions under the Virginia Workers Compensation Act. | House | 2/5/2021 | HB 1754 | In Senate Committee | 2021 |
| Adds full-time, salaried emergency medical services personnel employed by any locality that has authorized such presumption by ordinance to the list of persons to whom, after five years of service, the occupational disease presumption for death caused by hypertension or heart disease applies. | House | 1/15/2021 | HB 2080 | In House Committee | 2021 |
| Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stress, contact stresses, vibration, or noise. The bill provides that such injuries are covered under the Act. Such coverage does not require that the injuries occurred over a particular period, provided that such a period can be reasonably identified and documented and further provided that the employment is shown to have primarily caused the injury, considering all causes. | House | 1/15/2021 | HB 2228 | In House Committee | 2021 |
| Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers' Compensation Act; provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment; provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. | Senate | 1/14/2021 | SB 1342 | In Senate Committee | 2021 |
| Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act; provisions will be effective retroactive to January 1, 2020. | House | 9/10/2020 | HB 5028 | In Senate Committee | 2020 |
| Establishes a presumption that COVID-19 causing the death or disability of firefighters or other certain employees is an occupational disease compensable under the Workers' Compensation Act. | Senate | 8/19/2020 | SB 5022 | In Senate Committee | 2020 |
| Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, and health care providers is an occupational disease compensable under the Workers' Compensation Act; provisions will be effective retroactive to January 1, 2020. | Senate | 8/19/2020 | SB 5066 | In Senate Committee | 2020 |
| Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, and health care providers are occupational diseases compensable under the Workers' Compensation Act; provisions will be effective retroactive to January 1, 2020. | Senate | 8/19/2020 | SB 5097 | In Senate Committee | 2020 |
| Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, and health care providers is an occupational diseases compensable under the Workers' Compensation Act; provisions will be effective retroactive to January 1, 2020. | Senate | 8/19/2020 | SB 5104 | In Senate Committee | 2020 |
| In part, provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing a qualifying event, which includes an event occurring in the line of duty on or after July 1, 2020, in which a law-enforcement officer or firefighter views a deceased minor, witnesses the death of a person or an incident involving the death of a person, witnesses an injury to a person who subsequently dies, has physical contact with and treats an injured person who subsequently dies, transports an injured person who subsequently dies, or witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim. The measure also establishes procedural requirements on employers that contest a claim for such benefits and requirements for resilience and self-care technique training. | House | 4/27/2020 | HB 438 | Enacted | 2020 |
| Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing a qualifying event, defined as an incident or exposure occurring in the line of duty on or after July 1, 2020, (i) resulting in serious bodily injury or death to any person or persons (ii) involving a minor who has been injured, killed, abused, or exploited, (iii) involving an immediate threat to life of the claimant or another individual, (iv) involving mass casualties, or (v) responding to crime scenes for investigation. Other conditions for compensability include (i) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (ii) if the law-enforcement officer's or firefighter's undergoing a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (iii) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (iv) if the post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter. The measure also establishes requirements for resilience and self-care technique training. | Senate | 4/27/2020 | SB 561 | Enacted | 2020 |
| Directs the Virginia Workers' Compensation Commission to engage an independent and reputable national research organization to examine the implications of covering workers injuries caused by repetitive motion through the Virginia workers compensation system. | House | 4/22/2020 | HB 617 | Enacted | 2020 |
| Adds correctional officers and full-time sworn members of the enforcement division of the Department of Motor Vehicles to the list of public safety employees who are entitled to a presumption that certain infectious diseases are compensable occupational diseases. | Senate | 4/16/2020 | SB 345 | Enacted | 2020 |
| In part, provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding payment of wages, the Virginia Minimum Wage Act, the Virginia Unemployment Compensation Act, and the Virginia Workers' Compensation Act. | Senate | 4/16/2020 | SB 804 | Enacted | 2020 |
| Requires an employer whose employee has filed a claim under the Virginia Workers' Compensation Act to advise the employee whether the employer intends to accept or deny the claim or is unable to make such a determination because it lacks sufficient information from the employee. If the employer is unable to make such a determination because it lacks sufficient information from the employee, the employer shall so state and identify the needed additional information. If the employer intends to deny the claim, it shall provide the reasons. | House | 4/15/2020 | HB 46 | Enacted | 2020 |
| Adds correctional officers to the list of public safety employees who are entitled to a presumption that certain infectious diseases are compensable occupational diseases.
| House | 4/15/2020 | HB 169 | Enacted | 2020 |
| Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown to the satisfaction of the Department of Taxation that such individual is an independent contractor under Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021. | House | 4/10/2020 | HB 1407 | Enacted | 2020 |
| Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown to the satisfaction of the Department of Taxation that such individual is an independent contractor under Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. | Senate | 4/10/2020 | SB 744 | Enacted | 2020 |
| Authorizes the Virginia Workers' Compensation Commission to create an Ombudsman program and appoint an ombudsman to administer such program. The program's purpose will be to provide neutral educational information and assistance to persons who are not represented by an attorney, including those persons who have claims pending or docketed before the Commission. | House | 4/10/2020 | HB 1558 | Enacted | 2020 |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. | Senate | 4/6/2020 | SB 9 | Enacted | 2020 |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters or certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. | House | 4/6/2020 | HB 783 | Enacted | 2020 |
| Requires the Virginia Workers' Compensation Commission to review and adjust the Virginia fee schedules annually. Under current law, such review is required biennially. The bill also requires the Commission, in its review conducted in 2020, to adjust the fee schedules to reflect the inflation or deflation for the years 2016, 2017, 2018, and 2020. | Senate | 1/29/2020 | SB 227 | Failed | |
| Relates to election of a Supreme Court of Virginia Justice, Circuit Court Judges, General District Court Judges, and Juvenile and Domestic Relations District Court Judges.
| House | 1/28/2020 | HJR 161 | Passed | |
| In part, provides that, for purposes of the Virginia Workers' Compensation Act, an inmate is an employee of the entity operating the correctional facility where the inmate participates in any work program during his incarceration. | House | 1/24/2020 | HB 1543 | In House Committee | |
| Relates to employees providing domestic service; application of laws applicable to employment, unemployment benefits, and workers compensation. | House | 1/22/2020 | HB 1730 | In House Committee | |
| Provides that an employee who suffers a psychological injury from sudden shock and fright that arises out of and in the course of any employment shall have a compensable claim under the Virginia Workers' Compensation Act regardless of whether the incident that caused the sudden shock and fright is either a normal or expected part of the employee's work. | House | 1/20/2020 | HB 1596 | In House Committee | |
| Establishes a presumption that hypertension or heart disease causing the death or disability of full-time salaried police dispatchers is an occupational disease compensable under the Workers' Compensation Act. | House | 1/14/2020 | HB 649 | In House Committee | |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. | House | 1/14/2020 | HB 733 | In House Committee | |
| Prohibits a contractor from classifying an individual who performs delivery services or construction labor services for the contractor as the contractor's independent contractor if he is an employee of the contractor. An individual performing such services for a contractor shall be presumed to be an employee of the contractor unless it is shown to the satisfaction of the Commissioner of Labor and Industry that (i) the individual has been and will continue to be free from control or direction over the performance of the services performed by the individual for wages, both under his contract of service and in fact; (ii) the services are either outside the usual course of the business for which such services are performed or such services are performed outside of all the places of business of the enterprise for which such services are performed; and (iii) such individual is customarily engaged in an independently established trade, occupation, profession, or business. Other factors applicable to such a determination in the case of an individual performing construction labor services are whether the individual maintained a workplace that is subject to inspection pursuant to occupational safety and health laws and whether the individual has been assigned an experience rating tax rate for purposes of unemployment compensation. Violators are subject to civil penalties and debarment from public contracts. The measure requires a contractor entering into a public contract to provide an affidavit, under penalty of perjury, attesting that (a) each individual performing delivery services or construction labor services is properly classified; (b) the contractor has completed a federal I-9 immigration form and has such form on file for each employee; (c) the contractor has complied with requirements for participation with the E-verify program for each employee; (d) the contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker; and (e) the contractor is not barred from contracting with the public body. | House | 1/14/2020 | HB 801 | In House Committee | |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters or certain employees develop the cancer. Removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. | House | 1/13/2020 | HB 44 | In House Committee | |
| Prohibits an employer or other person from discharging an employee if the discharge is motivated to any extent by knowledge or belief that the employee has filed a claim or taken or intends to take certain other actions under the Virginia Workers' Compensation Act. Currently, retaliatory discharges are prohibited only if the employer or other person discharged an employee solely because the employee has taken or intends to take such an action. | House | 1/13/2020 | HB 45 | In House Committee | |
| Provides that an injured employee is eligible for benefits under the Virginia Workers' Compensation Act when a compensable accident happens while the employee is employed outside Virginia if (i) the employment contract was not expressly for services exclusively to be performed outside Virginia and (ii) either the employer's place of business is in Virginia or the employee regularly performs work on the employer's behalf in Virginia and resides in Virginia. | House | 1/13/2020 | HB 47 | In House Committee | |
| Establishes a presumption that hypertension or heart disease causing the death or disability of full-time salaried emergency medical technicians employed by the City of Virginia Beach is an occupational disease compensable under the Workers' Compensation Act. | House | 1/13/2020 | HB 52 | In House Committee | |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters or certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. | Senate | 1/13/2020 | SB 58 | In Senate Committee | |
| Adds correctional officers and full-time sworn members of the enforcement division of the Department of Motor Vehicles to the list of public safety employees who are entitled to presumptions that hypertension, heart disease, and certain infectious diseases are occupational diseases compensable under the Virginia Workers' Compensation Act. | Senate | 1/13/2020 | SB 265 | In Senate Committee | |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure also incorporates some of the recommendations of the 2019 study of the workers' compensation system and disease presumptions conducted by the Joint Legislative Audit and Review Commission by (i) reducing the required number of years of service from 12 to five; (ii) removing the requirement that the employee's years of service be continuous; and (iii) providing that an eligible employee may meet the toxic exposure requirement by demonstrating either exposure to a toxic substance, as is currently required, or participation in responses to fire scenes, either during the fire or afterward as part of clean-up or investigation. The measure also removes the definition of a "toxic substance" as one that is a known or suspected carcinogen as defined by the International Agency for Research on Cancer. | Senate | 1/13/2020 | SB 381 | In Senate Committee | |
| Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. The measure also removes the definition of a toxic substance as a known or suspected carcinogen, as defined by the International Agency for Research on Cancer, that causes or is suspected to cause specific types of cancers for which the presumption of compensability exists. | Senate | 1/13/2020 | SB 531 | In Senate Committee | |
| Establishes a presumption that if certain firefighters, law-enforcement officers, hazardous materials officers, animal protection police officers, or 9-1-1 emergency call takers, dispatchers, or similarly situated employees (i) receive a diagnosis of post-traumatic stress disorder (PTSD) from a licensed physician, licensed clinical psychologist, licensed professional counselor, or licensed clinical social worker; (ii) suffer death or any impairment resulting in total or partial disability from work caused by the PTSD; and (iii) receive a statement from such a provider that the PTSD was caused by a single critical event or multiple exposures to critical events that occurred in the course of the employment, then the PTSD is an occupational disease, suffered in the line of duty, that is covered by the Virginia Workers' Compensation Act unless such presumption is overcome by a preponderance of competent evidence to the contrary. The measure provides that a "critical event" includes an event that results in serious injury or death to an individual; deals with a minor who has been injured, killed, abused, exploited, or a victim of a crime; deals with mass casualties; results in injury to or the death of a coworker; involves an immediate threat to the life of the claimant or another individual; or involves the abuse, cruelty, injury, exploitation, or death of an animal. | Senate | 1/13/2020 | SB 741 | In Senate Committee | |
| Adds cancers of the colon, brain, and testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. | House | 1/13/2020 | HB 1536 | In House Committee | |
| Establishes a presumption that hypertension or heart disease causing the death or disability of a full-time sworn member of the enforcement division of the Department of Motor Vehicles is an occupational disease compensable under the Workers' Compensation Act. | House | 1/13/2020 | HB 1542 | In House Committee | |
| Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing a qualifying event, which includes an event occurring in the line of duty on or after July 1, 2020, in which a law-enforcement officer or firefighter views a deceased minor, witnesses the death of a person or an incident involving the death of a person, witnesses an injury to a person who subsequently dies, has physical contact with and treats an injured person who subsequently dies, transports an injured person who subsequently dies, or witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim. Other conditions for compensability include (i) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (ii) if the law-enforcement officer's or firefighter's undergoing a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (iii) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (iv) if the post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter. The measure establishes procedural requirements on employers that contest a claim for such benefits. The measure also establishes requirements for resilience and self-care technique training. | Senate | 1/13/2020 | SB 924 | In Senate Committee | |
| Adds cancers of the colon, brain, and testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. | House | 1/10/2020 | HB 121 | In House Committee | |
