I sometimes get calls from workers who have been the victim of sexual harassment in the work place and they want to know if this would entitle them to a workers’ compensation claim. The answer is NO. With sexual harassment there is no physical injury and the State of Virginia has gone as far as listing a Code Section in the Virginia Code (65.2-301) that specifically excludes victims of sexual harassment as being eligible for workers’ compensation benefits. However, if you are sexually assaulted (physically) while doing your job, you could receive Virginia workers’ compensation benefits because a physical assault took place.
If you have been the victim of a sexual assault at work, have questions about whether or not your situation meets the requirements for benefits in Virginia, or if you would like more information on the Virginia workers’ compensation system, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia”, or call our office today (804) 755-7755.