Virginia has always been a “concurrent” jurisdiction state. "Concurrent” in this context simply means that in some states there are some injuries that are covered by both the state’s workers’ compensation law and by the federal Longshore & Harbor Workers' Compensation Act. A state that is listed as “exclusive” on the other hand has amended its workers’ compensation law with language to the effect that if you are covered by a federal workers’ compensation law then you are not covered by that state’s law.
Virginia, historically a "concurrent" state, will finally follow the likes of Florida, Hawaii, Texas, and Lousiana - other states with significant maritime industries - in making the move to the "exclusive" jurisdiction column come July 1, 2012. In part because it is the right thing to do, and also because of the lobbying efforts of many of the local maritime employers and attorneys, including Vandeventer Black's own F. Nash Bilisoly, the legislature in Virginia has just passed a bill - HB 153 - that will abolish concurrent jurisdiction in Virginia. Injured maritime workers in Virignia will no longer be able to proceed simultaenously under both the federal and state laws, but will be under the exclusive jursidiciton of the LHWCA.
You can read more about this legisltation here, and be sure to contact us for specific information about how this significant piece of legislation will impact claims handling in Virginia. Also, stay tuned to his blog where I will continue to provide updates on the legislation with specifics about what the bill says and what the new laws will look like in the coming weeks.
Virginia, historically a "concurrent" state, will finally follow the likes of Florida, Hawaii, Texas, and Lousiana - other states with significant maritime industries - in making the move to the "exclusive" jurisdiction column come July 1, 2012. In part because it is the right thing to do, and also because of the lobbying efforts of many of the local maritime employers and attorneys, including Vandeventer Black's own F. Nash Bilisoly, the legislature in Virginia has just passed a bill - HB 153 - that will abolish concurrent jurisdiction in Virginia. Injured maritime workers in Virignia will no longer be able to proceed simultaenously under both the federal and state laws, but will be under the exclusive jursidiciton of the LHWCA.
You can read more about this legisltation here, and be sure to contact us for specific information about how this significant piece of legislation will impact claims handling in Virginia. Also, stay tuned to his blog where I will continue to provide updates on the legislation with specifics about what the bill says and what the new laws will look like in the coming weeks.
