{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-104.html"}],"law_id":59660,"edition_id":1,"section_id":59660,"structure_id":15021,"section_number":"65.2-104","catch_line":"Coverage of first responders in off-duty capacity during state of emergency","history":"2005, c. 429.","full_text":"A\n\nNotwithstanding any other provision of law, if the Governor declares a state of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, or any local director of emergency management with the consent of the appropriate local governing body declares an emergency pursuant to § 44-146.16, attributable to an enemy attack, sabotage or other hostile action, resource shortage, or fire, flood, earthquake or other natural cause, a claim for workers’ compensation benefits shall be deemed to be in the course of employment of any first responder who, in response to a lawful order issued pursuant to the state of emergency, travels by the most expeditious route to or from his home or other location outside an assigned shift or work location to or from that shift or work location. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.B\n\nFor purposes of this section, “first responder” shall include any person referenced in subdivision 1 l of the definition of “employee” in § 65.2-101 who provides emergency services, during the period that the states of emergency defined in subsection A are in effect.","order_by":null,"text":{"0":{"id":218494,"text":"Notwithstanding any other provision of law, if the Governor declares a state of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, or any local director of emergency management with the consent of the appropriate local governing body declares an emergency pursuant to § 44-146.16, attributable to an enemy attack, sabotage or other hostile action, resource shortage, or fire, flood, earthquake or other natural cause, a claim for workers’ compensation benefits shall be deemed to be in the course of employment of any first responder who, in response to a lawful order issued pursuant to the state of emergency, travels by the most expeditious route to or from his home or other location outside an assigned shift or work location to or from that shift or work location. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218495,"text":"For purposes of this section, “first responder” shall include any person referenced in subdivision 1 l of the definition of “employee” in § 65.2-101 who provides emergency services, during the period that the states of emergency defined in subsection A are in effect.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15021,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":276117,"object_type":"structure","relational_id":15021,"identifier":"1","token":"65.2\/1","url":"\/65.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67999,"structure_id":15021,"section_number":"65.2-100","catch_line":"Short title","url":"\/65.2-100\/","token":"65.2\/1\/65.2-100","metadata":false},{"id":59551,"structure_id":15021,"section_number":"65.2-101","catch_line":"Definitions","url":"\/65.2-101\/","token":"65.2\/1\/65.2-101","metadata":false},{"id":57932,"structure_id":15021,"section_number":"65.2-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/65.2-101.1\/","token":"65.2\/1\/65.2-101.1","metadata":false},{"id":74882,"structure_id":15021,"section_number":"65.2-102","catch_line":"Coverage of firefighters and law-enforcement officers in off-duty capacity","url":"\/65.2-102\/","token":"65.2\/1\/65.2-102","metadata":false},{"id":79344,"structure_id":15021,"section_number":"65.2-103","catch_line":"Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders","url":"\/65.2-103\/","token":"65.2\/1\/65.2-103","metadata":false},{"id":59660,"structure_id":15021,"section_number":"65.2-104","catch_line":"Coverage of first responders in off-duty capacity during state of emergency","url":"\/65.2-104\/","token":"65.2\/1\/65.2-104","metadata":false},{"id":57280,"structure_id":15021,"section_number":"65.2-105","catch_line":"Presumption that certain injuries arose out of and in the course of employment","url":"\/65.2-105\/","token":"65.2\/1\/65.2-105","metadata":false},{"id":57573,"structure_id":15021,"section_number":"65.2-106","catch_line":"Criminal justice training academy trainees","url":"\/65.2-106\/","token":"65.2\/1\/65.2-106","metadata":false},{"id":58233,"structure_id":15021,"section_number":"65.2-107","catch_line":"Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters","url":"\/65.2-107\/","token":"65.2\/1\/65.2-107","metadata":false}],"previous_section":{"id":79344,"structure_id":15021,"section_number":"65.2-103","catch_line":"Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders","url":"\/65.2-103\/","token":"65.2\/1\/65.2-103","metadata":false},"next_section":{"id":57280,"structure_id":15021,"section_number":"65.2-105","catch_line":"Presumption that certain injuries arose out of and in the course of employment","url":"\/65.2-105\/","token":"65.2\/1\/65.2-105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-104\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 429<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":83808,"section_number":"44-146.13","catch_line":"Short title","order_by":null,"url":"\/44-146.13\/"},{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"},{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"}],"permalink":{"id":276139,"object_type":"law","relational_id":59660,"identifier":"65.2-104","token":"65.2\/1\/65.2-104","url":"\/65.2-104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-104\/","token":"65.2\/1\/65.2-104","dublin_core":{"Title":"Coverage of first responders in off-duty capacity during state of emergency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, if the Governor declares a state of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13<\/a> et seq.) of Title 44, or any local director of emergency management with the consent of the appropriate local governing body declares an emergency pursuant to § 44-146.16<\/a>, attributable to an enemy attack, sabotage or other hostile action, resource shortage, or fire, flood, earthquake or other natural cause, a claim for workers’ compensation benefits shall be deemed to be in the course of employment of any first responder<\/span> who, in response to a lawful order<\/span> issued pursuant to the state of emergency, travels by the most expeditious route to or from his home or other location outside an assigned shift or work location to or from that shift or work location. Nothing in this section shall prohibit an employer<\/span> from using any defense otherwise available under this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section, “first responder<\/span>” shall include any person referenced in subdivision 1 l of the definition of “employee<\/span>” in § 65.2-101<\/a> who provides emergency services, during the period that the states of emergency defined in subsection A are in effect. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOVERAGE OF FIRST RESPONDERS IN OFF-DUTY CAPACITY DURING STATE OF EMERGENCY (\u00a7\n65.2-104)\n\nA. Notwithstanding any other provision of law, if the Governor declares a state\nof emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 et\nseq.) of Title 44, or any local director of emergency management with the\nconsent of the appropriate local governing body declares an emergency pursuant\nto § 44-146.16, attributable to an enemy attack, sabotage or other hostile\naction, resource shortage, or fire, flood, earthquake or other natural cause, a\nclaim for workers’ compensation benefits shall be deemed to be in the\ncourse of employment of any first responder who, in response to a lawful order\nissued pursuant to the state of emergency, travels by the most expeditious route\nto or from his home or other location outside an assigned shift or work location\nto or from that shift or work location. Nothing in this section shall prohibit\nan employer from using any defense otherwise available under this title.\n\nB. For purposes of this section, “first responder” shall include any\nperson referenced in subdivision 1 l of the definition of “employee”\nin § 65.2-101 who provides emergency services, during the period that the\nstates of emergency defined in subsection A are in effect.\n\nHISTORY: 2005, c. 429.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}