Va. Code » Title 65.2. Workers' Compensation » Chapter 5. Compensation and Payment Thereof
Virginia Code

Va. Code Ann. § 65.2-508 (2026)

Foreign injuries

✓ current as of May 2026
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A. When an accident happens while the employee is employed elsewhere than in this Commonwealth which would entitle him or his dependents to compensation if it had happened in this Commonwealth, the employee or his dependents shall be entitled to compensation, if:

1. The contract of employment was made in this Commonwealth; and

2. The employer's place of business is in this Commonwealth;

provided the contract of employment was not expressly for service exclusively outside of the Commonwealth.

B. However, if an employee shall receive compensation or damages under the laws of any other state, nothing herein contained shall be construed so as to permit a total compensation for the same injury greater than is provided for in this title.

Code 1950, § 65-58; 1968, c. 660, § 65.1-61; 1976, c. 151; 1991, c. 355.

Notes of Decisions
Cited in 12 cases, 1993–2020 · leading case: CLC Constr., Inc. v. Lopez, 456 S.E.2d 155 (Va. Ct. App. 1995).
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CLC Constr., Inc. v. Lopez, 456 S.E.2d 155 (Va. Ct. App. 1995). · cites it 12× “Employer contends that the commission erred in finding that (1) it had jurisdiction, under Code § 65.2-508, to hear Lopez’s claim arising out of an accident which occurred at a job site in Maryland; (2) the injuries associated with Lopez’s January 4, 1993 fall were a compensable…”
Pro Football Inc. v. Paul, 569 S.E.2d 66 (Va. Ct. App. 2002). · cites it 6× “Code § 65.2-508 requires both that: “(1) [t]he contract of employment was made in this Commonwealth; and (2)[t]he employer’s place of business is in this Commonwealth.”
Servando de la Rosa Herrera by Francisca Varela v. E. Dale Martin, 642 S.E.2d 309 (Va. Ct. App. 2007). · cites it 8× “According to Code § 65.2-508, the commission has jurisdiction over a claim if “[t]he contract of employment was made in this Commonwealth,” and “[t]he employer’s place of business is in this Commonwealth.”
Uninsured Emp.'s Fund v. Wilson, 619 S.E.2d 476 (Va. Ct. App. 2005). · cites it 2× “2-306(A) (listing acts disqualifying claimant from "compensation”); Code § 65.2-508(A) (addressing foreign injuries for which the claimant would be "entitled to compensation”); Code § 65.”
Anagua v. Sosa, 721 S.E.2d 14 (Va. Ct. App. 2012). · cites it 15× “On appeal, Oscar Anagua (claimant) argues that the commission erred in dismissing his claim for lack of jurisdiction because the commission had jurisdiction under Code § 65.2-508 and that appellee failed to meet his burden of proof that the contract of hire was solely for…”
Falls Church Constr. Corp. v. Valle, 464 S.E.2d 517 (Va. Ct. App. 1995). · cites it 2× “, Labor & Employment § 9-203 (1991); compare Virginia Code § 65.2-508.”
Demetres v. East West Constr., Inc., 995 F. Supp. 2d 539 (E.D. Va. 2014). · cites it 3× “Indeed, even though the Plaintiff has received compensation under North Carolina’s workers’ compensation laws, he may be eligible for compensation under the VWCA to the extent that his recovery under North Carolina’s workers’ compensation laws has not compensated him to the same…”
Tomlin v. Vance Int'l, Inc., 470 S.E.2d 599 (Va. Ct. App. 1996). · cites it 2× “Tomlin then elected to file a claim in Virginia pursuant to Code § 65.2-508. Vance International denied the claim initially but ultimately accepted it as compensable.”
Worsham v. Transpersonnel, Inc., 426 S.E.2d 497 (Va. Ct. App. 1993). · cites it 2× “The applicable statute dealing with jurisdiction over foreign injuries and employers is Code § 65.2-508, which provides in pertinent part: When an accident happens while the employee is employed elsewhere than in this Commonwealth which would entitle him or his dependents to…”
James Henry Lescallett v. Rozansky & Kay Construct., 477 S.E.2d 746 (Va. Ct. App. 1996). · cites it 2× “On appeal from a decision of the Virginia Workers’ Compensation Commission denying him permanent and total disability benefits for loss of use of both of his legs pursuant to Code § 65.2-508(0, James H. LesCallett contends that the commission erred in ruling that “a claimant…”
Eckstein v. Sonoco Prods. Co. (W.D. Va. 2020). · cites it 5× “23 at 2; see also Va. Code § 65.2-508. Sonoco contends—and Eckstein does not refute—that the contract was executed in Virginia, Sonoco maintains several locations of business in Virginia, and that Eckstein executed his work for Sonoco in part from his home in Virginia.”
Powell Mountain Coal Companyv George Mosko (Va. Ct. App. 2001). · cites it 2× “JURISDICTION Code § 65.2-508 provides that where an employee is injured while he is employed outside the Commonwealth, and such injury would entitle the employee to compensation had it occurred within the Commonwealth, the claimant shall be entitled to compensation if: (1) the…”
Va. Code Ann. § 65.2-508(2): 1 case
CLC Constr., Inc. v. Lopez, 456 S.E.2d 155 (Va. Ct. App. 1995). “Employer contends that the commission erred in finding that (1) it had jurisdiction, under Code § 65.2-508, to hear Lopez’s claim arising out of an accident which occurred at a job site in Maryland; (2) the injuries associated with Lopez’s January 4, 1993 fall were a compensable…”
Va. Code Ann. § 65.2-508(A): 5 cases
Uninsured Emp.'s Fund v. Wilson, 619 S.E.2d 476 (Va. Ct. App. 2005). “2-306(A) (listing acts disqualifying claimant from "compensation”); Code § 65.2-508(A) (addressing foreign injuries for which the claimant would be "entitled to compensation”); Code § 65.”
Servando de la Rosa Herrera by Francisca Varela v. E. Dale Martin, 642 S.E.2d 309 (Va. Ct. App. 2007). “According to Code § 65.2-508, the commission has jurisdiction over a claim if “[t]he contract of employment was made in this Commonwealth,” and “[t]he employer’s place of business is in this Commonwealth.”
Pro Football Inc. v. Paul, 569 S.E.2d 66 (Va. Ct. App. 2002). “Code § 65.2-508 requires both that: “(1) [t]he contract of employment was made in this Commonwealth; and (2)[t]he employer’s place of business is in this Commonwealth.”
Anagua v. Sosa, 721 S.E.2d 14 (Va. Ct. App. 2012). “On appeal, Oscar Anagua (claimant) argues that the commission erred in dismissing his claim for lack of jurisdiction because the commission had jurisdiction under Code § 65.2-508 and that appellee failed to meet his burden of proof that the contract of hire was solely for…”
Eckstein v. Sonoco Prods. Co. (W.D. Va. 2020). “23 at 2; see also Va. Code § 65.2-508. Sonoco contends—and Eckstein does not refute—that the contract was executed in Virginia, Sonoco maintains several locations of business in Virginia, and that Eckstein executed his work for Sonoco in part from his home in Virginia.”
Va. Code Ann. § 65.2-508(A)(2): 1 case
Anagua v. Sosa, 721 S.E.2d 14 (Va. Ct. App. 2012). “On appeal, Oscar Anagua (claimant) argues that the commission erred in dismissing his claim for lack of jurisdiction because the commission had jurisdiction under Code § 65.2-508 and that appellee failed to meet his burden of proof that the contract of hire was solely for…”
Va. Code Ann. § 65.2-508(B): 1 case
Demetres v. East West Constr., Inc., 995 F. Supp. 2d 539 (E.D. Va. 2014). “Indeed, even though the Plaintiff has received compensation under North Carolina’s workers’ compensation laws, he may be eligible for compensation under the VWCA to the extent that his recovery under North Carolina’s workers’ compensation laws has not compensated him to the same…”
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