If you have been injured on the job, you likely filed a workers' compensation claim with your employer. In most cases in Virginia, this claim is your only remedy against your employer. However, what if a third party caused your workplace injury? Can you sue someone other than your employer who is responsible for your injuries? Understanding the options available for legal action following a workplace accident is essential. To put another way, you need to understand who you can sue for a workplace accident.
Common Third-Party Claims for Workplace Injuries
A person injured at work may file a claim against a third party, which is someone other than their employer. Common third-party claims for workplace injuries include:
· Automobile Accidents
If you are driving on the job, another driver may act negligently and injure you. The other vehicle's driver or their employer may be held liable for your injuries.
· Construction Accidents
Construction job sites involve many contractors and subcontractors. Depending on who you work for, another contractor may be liable for your injuries. In some instances, a person driving by the site may also be responsible.
· Defective Products
If you work with a defective product that causes an injury, the manufacturer of the product may be liable.
· Other Injuries
Workplace injuries, ranging from workplace violence or assaults to exposure to toxic substances, may involve liability by third parties.
An experienced attorney can advise you on who you can hold responsible for a workplace accident.
Why Make a Third-Party Claim?
The unfortunate truth is that workers' compensation is often inadequate to cover the losses arising from a workplace injury. Virginia workers' compensation damages are capped, and workers cannot seek damages for pain and suffering, diminished quality of life, or loss of future earning ability. Because the types of damages in a personal injury claim are broader than in a workers' compensation claim, a third-party claim may help to fully compensate an injured worker.
Remember that while workers' compensation is "no fault" in Virginia, third-party liability for workplace accidents requires proof of fault. An injured worker should begin collecting evidence and documentation as soon as possible after the injury or accident occurs. An experienced personal injury attorney can assist you in this process.
The attorneys at Ackerman & Falcon are experienced with both workers' compensation claims and third-party claims for workplace injuries. Let our team help you secure fair and full compensation for your injuries. Call us today at (703) 288-1400 or schedule a free consultation online.
