West Virginia Court Rules Employee’s Lunch-Break Fall is Compensable
- The West Virginia Intermediate Court of Appeals upheld a compensability ruling for a daycare worker who injured her foot and ankle during a fall.
- The employer, Little Dogs Daycare, argued the injury occurred while the worker was heading to an off-site lunch break and was therefore outside the scope of employment.
- However, the court determined the incident was compensable because it occurred in a parking area associated with the workplace while the worker was still on the premises.
- This decision clarifies that workers’ compensation coverage can extend to injuries sustained during the transition to a meal break.
Virginia Launches Mandatory Civil Penalties for Workers’ Comp Reporting Failures
- The Virginia Workers’ Compensation Commission has begun enforcing new mandatory civil penalties for self-insured employers and insurance carriers that fail to file required reports.
- Under the updated code, non-compliant entities now face fines of at least $500 for reporting delays or administrative oversights.
- This enforcement shift emphasizes the critical need for insurers to maintain rigorous internal compliance controls to avoid automatic financial exposure.
- These reporting regulations became effective on January 1, 2026, and represent a significant change in the commission’s oversight strategy.
New York’s Black Car Fund Provides Workers’ Comp to Gig Drivers Through Passenger Surcharges
- New York’s Black Car Fund provides essential workers’ compensation coverage to over 125,000 independent contractors within the ride-hail and limousine sectors.
- This unique model is financed by a passenger surcharge rather than traditional employer-paid premiums, offering a stable funding stream for benefits.
- The structure ensures that gig workers have access to medical care and lost-wage protection without requiring a formal employee designation.
- This framework serves as a critical bridge for insurance coverage in the evolving on-demand economy.