Each year, countless Virginians are injured on the job. This often means medical bills, lost wages, and worry about extended disability or time off work. Most injured employees seek recovery through Virginia Workers' Compensation claims. However, some employees may also need to pursue a personal injury claim against third parties to secure a full recovery. 

Claims Against Your Employer

In most instances, an individual injured at work has a workers' compensation claim against their employer. This claim usually prevents the employee from filing a personal injury claim against their employer in court. In some instances, however, the individual may still sue the employer in court if:

·      The employer does not have workers' compensation insurance or adequate insurance.

·      The employer intentionally injured the employee.

To file a Virginia Workers' Compensation claim, the injured employee should notify the employer, seek medical care, and consult an experienced workers' compensation attorney.

Workers' Compensation Claims and Damages

Virginia Workers' Compensation allows injured workers to recover financial benefits after a workplace injury, including:

·      Medical Expenses.

·      Temporary Disability Benefits (full or partial).

·      Permanent Disability Benefits (full or partial).

·      Death Benefits to the worker's family.

While Virginia Worker's Compensation covers medical expenses and lost wages, it does not cover some non-economic damages, like pain and suffering or punitive damages.

Claims Against Party Other Than Employer

A person injured at work might make a claim against someone other than their employer. This third-party negligence claim might involve:

·      The driver of a delivery vehicle or contractor who negligently injures the claimant.

·      The manufacturer of a defective part or piece of equipment.

·      An individual driving by a worksite strikes the claimant with their vehicle while speeding.

·      Other situations where a third party negligently injures the claimant.

If any third-party negligence injures a worker, the worker may have a claim against that person. Because the types of damages available are broader in a personal injury action than in a workers' compensation claim, a worker may recover more damages by filing a personal injury claim.

If you are injured on the job due to negligence, contact Ackerman & Falcon to learn how our experienced team can help you secure fair compensation for your injuries. Call us today at (703) 288-1400 or schedule a free consultation online.