Analyzing the Virginia Workers\u27 Compensation Act\u27s Governance of Employer Non-Compliance

This essay attempts to resolve the current disconnect in the state judiciary‘s application of section 65.2-805(A) by analyzing the language of the statute as well as the various policy implications that undergird its establishment and accompany each interpretation. Part I provides a brief background of workers‘ compensation law generally, the Virginia Workers‘ Compensation Act (including section 65.2-805(A)), and the relevant case law involving section 65.2-805(A). Part II proceeds with the essay‘s argument, i.e., that section 65.2-805(A) should not be interpreted as imposing strict liability on non-compliant employers and thereby eliminating the obligation for a plaintiff-employee to plead a prima facie case of negligence. To the extent that this interpretation differs from the original intent of the General Assembly when it enacted section 65.2-805(A), or the current intent of the General Assembly for that matter, Part III invites the legislature to make an appropriate amendment through traditional means