Builders and Contractors Exchange
Weekly Bulletin: 17 May 2004
Insect Bites At The Worksite: Who Bears The Sting?
By: Adam Rafal
In order for an injury to be compensable under the Virginia Workers' Compensation Act, an employee must prove that the injury arises out of the employment and occurred in the course of the employment. An employee seeking benefits for an insect bite must be able to establish that the bite was incidental to the circumstances or environment of the employment. In other words, the bite must be peculiar to the job or incidental to the nature of the business.
Several decisions illustrate these concepts. The Commission denied benefits to a schoolteacher who claimed she was stung by a yellow jacket on a playground. The Commission ruled the teacher was unable to prove that yellow jackets were in the area and she was unable to show the presence of trash containers that may have attracted the insect. The Virginia Workers' Compensation Commission awarded benefits to a surveyor who was working in a wooded area. That employee was able to establish he was required to work in an outdoor area where he was exposed to bees. Similarly, a bulldozer operator received benefits because his work required him to clear a field of pine brush. A worker who fell at a worksite was also awarded benefits because the Commission determined the employment exposed him to the presence of bees. An additional risk was created because the worksite required the claimant to work on uneven surfaces that contributed to the fall. An employee working in a warehouse was denied benefits for a spider bite, however, because she could not prove that the warehouse or the product stored in the warehouse attracted insects.
In conclusion, in order to recover workers' compensation benefits, an employee must prove that his or her employment contributed to or created a higher risk of exposure to the risk of an insect bite.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.