Virginia legislators are reviewing a proposed bill that could broaden the definition of occupational diseases under workers’ compensation law. The measure, introduced to the Senate Committee on Commerce and Labor, would include injuries or diseases caused by repetitive and sustained physical stressors.
The bill outlines conditions caused by factors such as repetitive motions, exertion, posture stresses, contact stresses, vibrations, or noise. To qualify for compensation, the stressors must be proven to be the injury’s “primary cause,” accounting for at least 50% of the ailment. There is no requirement for the stressors to occur over a specific timeframe, provided the period can be reasonably identified and documented.
Certain exclusions are noted in the legislation. Injuries affecting the neck, back, and spinal column, as well as diseases that could have been contracted outside the workplace, would not qualify. Additionally, conditions like carpal tunnel syndrome and hearing loss are classified as “ordinary diseases of life” and are excluded from occupational disease coverage.
If passed, the new provisions would take effect on or after July 1, 2026.
State Sen. Ryan McDougle, who represents Virginia’s 26th district, is sponsoring the legislation. Requests for comment from McDougle were unsuccessful.
Virginia’s proposed changes follow a similar trend in other states. Michigan lawmakers are also debating a bill to redefine workers’ compensation coverage, focusing on disability definitions and broader reforms. However, the Michigan Chamber of Commerce has voiced concerns, warning that such reforms could undermine the state’s workers’ compensation framework.
In Virginia, workers’ compensation insurance is a significant market. In 2023, the leading providers based on direct premiums written included Hartford Insurance Group (9.37% market share), Travelers Group (7.33%), Erie Insurance Group (6.89%), Builders Mutual Insurance Group (5.98%), and AF Group (5.73%), according to BestLink data.
The outcome of the Virginia bill could reshape protections for workers dealing with stressor-related injuries.
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