Workers’ Compensation in the District of Columbia. It’s all the Same…Right?

Clients are often surprised when the legal advice provided differs when the case is being heard across the river. The matter of difference is simple: the Commonwealth of Virginia has a reputation of being considered an “Employer-friendly” jurisdiction. For example, Virginia allows time for Employers to fully investigate claims prior to accepting compensability and without having to defend against allegations of delay by the Claimant or their attorney. In comparison, the workers’ compensation laws of the District of Columbia are “Claimant-friendly”. In keeping with the prior example, DC allows for delay arguments without specification and more often than not, a delay argument is common by most Claimant attorneys when litigating a matter before the workers’ compensation court.

The differences between Virginia and DC Workers’ Compensation laws are vast, and while this article certainly will not discuss all of them, it will focus on some key highlights to keep in mind when facing a claim in the District as opposed to the Commonwealth.

First, be advised that DC does not have a “Commission” in the way Virginia does, rather the Department of Employment Services (DOES) Administrative Hearings Division (AHD) conducts formal administrative hearings for workers’ compensation claims as provided for under the D.C. Workers’ Compensation Act of 1979, as amended, DC Code § 32-1501 et seq. A party seeking to file an application for a formal hearing to determine their rights, or liabilities, regarding benefits under the District of Columbia workers’ compensation laws, must file an original electronic Application for Formal Hearing with AHD. If a party is dissatisfied with a Compensation Order issued by AHD, they may file a Request for Review with the Compensation Review Board within 30 calendar days of the issuance of the Compensation Order. Appeals of the Compensation Review Board decisions are taken to the District of Columbia Court of Appeals.

Also, as of the year 2022, Claimants may receive DC benefits even if they are already receiving benefits for the same injury from a different state- another stark difference. This differs from the laws of Virginia where the employer is entitled to a dollar-for-dollar credit for any benefits paid to the Claimant by the other state. According to the Virginia Code, if a Virginia resident is receiving workers’ compensation benefits from another state, the Virginia Workers’ Compensation Commission will credit the amount received in the other state towards any Virginia claim for the same injury, barring double-recovery, as outlined in Virginia Code Section 65.2-508(B). This differs from the law of the District of Columbia, as in the District, a Claimant may receive compensation in D.C. even after having received it in another jurisdiction, for the same claim. For example, should a Claimant have the ability to file in either Maryland or the District (assuming jurisdiction is appropriate in both and it is the Claimant’s choice) and pursue the first part of the case in Maryland, the Claimant could then move directly to D.C.

In addition to the above examples, there are other minor, yet important, differences to keep in mind when handling a D.C. claim. For example, the waiting period for a Claimant to receive compensation after an alleged injury in Virginia is seven days, while it is only three days in the District of Columbia. Even more importantly, trials and final orders have major stylistic differences that any attorney practicing in either of these two jurisdictions should be aware of prior to appearing before the tribunal.

The examples discussed are only a snapshot of differences between these neighboring jurisdictions and demonstrates how cases should be handled differently and with an approach unique to each set of circumstances. Due the complexity of these cases, we recommend that Adjusters reach out to defense counsel early and not assume that every case can be handled the same way. Such an assumption could become both stressful and costly for the Adjuster. As always, our highly skilled team of attorneys are barred in both the District of Columbia and Virginia, and are available and happy to answer any questions you may have.

Should you have any questions about the issues discussed here or other legal issues, please do not hesitate to contact the lawyers at Ford Richardson.

Ford Richardson is a full-service law firm with headquarters located in Richmond’s financial district and satellite offices in Roanoke, Fairfax and Virginia Beach and Washington, D.C..

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