At present, you can recover workers’ compensation in Virginia for use of the cell phone. This is especially the case when the injured worker’s job requires use of the cell phone. Recent Case Where Commission Awarded Compensation for Accident Caused by Use of Cell Phone. At the present time, the state of Virginia has not banned the use of cell phones while driving (but it has banned their use by minors). Of course, there would be a different outcome if the employer banned its workers from using cell phones as a safety violation. If accidents caused by cell phone use continue to increase, one would expect the state of Virginia to make their use while operating a motor vehicle a traffic violation. At the same time one would expect the increase in accidents to cause employers to make their usage while operating a motor vehicle a safety violation.