A. When the employer and employee are subject to the provisions of this title, first communication of the diagnosis of an occupational disease to the employee or death of the employee resulting from an occupational disease as herein listed and defined shall be treated as the happening of an injury by accident, and the employee or in case of his death his dependents shall be entitled to compensation as provided by this title.

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Terms Used In Virginia Code 65.2-403

  • Employee: means :

    1. See Virginia Code 65.2-101

  • Employer: includes (i) any person, the Commonwealth or any political subdivision thereof and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay and (ii) any volunteer fire company or volunteer emergency medical services agency electing to be included and maintaining coverage as an employer under this title. See Virginia Code 65.2-101
  • Injury: means only injury by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ Virginia Code 65.2-101
  • occupational disease: means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment. See Virginia Code 65.2-400

B. An employee who has an occupational disease that is covered by this title shall be entitled to the same hospital, medical and miscellaneous benefits as an employee who has a compensable injury by accident, except that the period during which the employer shall be required to furnish medical attention, including reasonably necessary diagnostic services, shall begin fifteen days prior to the date of first communication of the diagnosis of the occupational disease to the employee. In the event of death the same funeral benefits shall be paid as in the case of death from a compensable accident.

Code 1950, § 65-46; 1966, c. 504; 1968, c. 660, § 65.1-49; 1984, c. 414; 1991, c. 355.

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