Like most legal questions, the answer to this question depends on your specific situation. However, I know one thing for certain, don’t rely on an insurance adjuster to make the final decision. If an insurance company denies your claim, that doesn’t necessarily mean your claim is denied! HUH? That’s right, you may very well be covered. Remember, the insurance company is in business for what reason? *Sound the Jeopardy theme*…..TO MAKE MONEY. THEY DON’T MAKE MONEY BY PAYING FOR YOUR INJURY). The insurance company will only do what they have to do, not what they should do.
You have rights under the law in Virginia (and in every state in the U.S.A.). In Virginia those rights are enforced by the Virginia Workers’ Compensation Commission. Demand a hearing before the Virginia Workers’ Compensation Commission. They have judges that make the final decision as to whether your injury is covered by the workers’ compensation insurance company. You can file a claim for benefits using the following link (the whole website is very helpful too): https://workcomp.virginia.gov/content/injured-workers
