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Bill > SB788


VA SB788

VA SB788
Workers' compensation; injuries caused by repetitive and sustained physical stressors.


summary

Introduced
12/28/2024
In Committee
12/28/2024
Crossed Over
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Workers' compensation; injuries caused by repetitive and sustained physical stressors. 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. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that such repetitive or sustained physical stress occurred over a particular time period, provided that (i) the time period over which such physical stress occurred can be reasonably identified and documented and (ii) exposure to such repetitive and sustained physical stressors in the course of employment is the primary cause, as defined in the bill, of the injury or disease.

AI Summary

This bill amends the Virginia Workers' Compensation Act to expand the definition of "occupational disease" to include injuries or diseases caused by repetitive and sustained physical stressors in the workplace. These stressors can include repeated motions, exertions, posture stresses, contact stresses, vibrations, or noises. Importantly, the bill removes the requirement that these physical stressors must occur over a specific time period, instead allowing coverage if the time period can be reasonably identified and documented. The bill introduces a "primary cause" standard, defining this as accounting for more than 50 percent of an injury or disease. To be covered, the repetitive and sustained physical stressors must arise out of and occur in the course of employment. The bill explicitly states that such injuries or diseases shall be covered, even if previous legal decisions might have ruled otherwise. This change aims to provide broader protection for workers who develop injuries or diseases from long-term physical stress in their work environment, making it easier for employees to receive workers' compensation benefits for such conditions.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Passed by indefinitely in Commerce and Labor (9-Y 6-N) (on 01/20/2025)

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