FAQs About Virginia (VA), North Carolina (NC), and South Carolina (SC) Workplace Injuries

Best Virginia (VA) personal injury law source, two lawyers named Best Lawyers in America (since 2010)

FAQs
Our Virginia and Carolina personal injury law firm is often contacted by potential clients who have questions about workplace injuries, workers' compensation claims and recovering damages against negligent employers or manufacturers of defective or unsafe equipment and products. Below are examples of these questions:

I was hurt on the job, can I bring a personal injury lawsuit, or can I just get workers' compensation?
I drive a car or truck for my employer at my job, and I was in a car accident. Can I bring a lawsuit against the careless driver who hit me, even though I may get workers' compensation benefits through my own employer?
I got hurt at work while using a defective product and am going to get workers' compensation benefits. Can I also sue the company that made or sold the equipment or product that caused my injury?
I work at a factory and there was a toxic spill. The chemicals spread through the building, and I had to be taken to the hospital after breathing in fumes and getting the chemical on my skin. Do I have a lawsuit for the chemical spill even if I receive workers' compensation?
A contractor was doing work at my job site and did something careless that ended up causing my on-the-job injury. Can I bring a claim against that contractor?
I am getting workers' compensation but also looking into whether a suit can be brought against the company that really caused my accident, which is not my employer. Can I bring that separate negligence lawsuit?
I had my finger partially amputated by a piece of faulty equipment at work and am receiving workers' compensation. But I heard I can file a suit against the company that made the equipment. Is that possible?

We offer answers to these questions in this article.

EXPLANATION OF WORKERS' COMPENSATION LAWS

In every state, the basic principle behind workers' compensation is that employers are shielded from being sued by their employees in exchange for ensuring that their employees who get injured while on the job receive payments according to a schedule set by statute. Paying into, and out of, the workers' compensation system generally ensures that employers do not have to be concerned about negligence lawsuits with unlimited jury verdicts. Because federal and state health and safety laws administered by agencies such as OSHA and the Virginia Department of Labor and Industry require employers to follow basic safety requirements, the system works and functions fairly well.

In exchange for not having the right to sue employers, workers also don't have to show any fault in order to recover workers' compensation benefits. That is, if a person is hurt while lifting something at work, it doesn't matter whether the employer did anything wrong to cause or allow the injury to occur. If the injury happened in the course of employment, it is treated a compensable injury under workers' compensation laws.

Most state workers' compensation laws provide that the employee will receive a percentage of average weekly wages lost. Then there are provisions for payments to workers who suffer permanent or disabling injuries, including the loss of fingers and the partial loss of use of arms and legs. Also, all workers' compensation payment schedules provide for payment of the medical bills related to the work injury.

However, the workers' compensation laws may or may not shield a company that is careless from being sued if that company is not your own employer or company working closely with your employer. This situation often exists when the primary employer is a construction company and the person who gets injured works for a contractor.

You probably need to consult with an experienced personal injury lawyer if you are hurt while working on a construction project with multiple contractors. The legal distinction and determination that needs to be made include whether the company that is liable for your injury is, or isn't, in a joint venture with your employer. If a close alignment exists between your employer and the other company, you may be able to file a workers' compensation claims exist but you may not be able to file a separate personal injury claim.

Q: When are separate lawsuits allowed for on-the-job injuries at work?

A: It is probably best to give a few examples of common situations when a worker can receive workers' compensation benefits and still bring a lawsuit against a third-party company, person or entity that is not your employer.

Faulty or defective products at work – This is when a worker is hurt while on the job, but the culprit of the injury is a defective product like a ladder, saw, vehicle, and so forth. A lawsuit could be brought against the seller or manufacturer of the product if the failure was due a defect. In any situation where a manufactured or leased product has a defect that leads to an on-the-job injury, the injured employee may have grounds to bring a separate negligence lawsuit against the manufacturer, seller or lessor of the faulty product.
Chemicals, toxic release or spills - - Any situation in which a worker is exposed to a dangerous or toxic chemical and becomes seriously ill or injured, the affected employee may bring a negligence lawsuit against the seller of the chemical. The worker is entitled to workers' compensation benefits for the on-the-job accident or injury, and if there was some negligence or carelessness on behalf of the manufacturer or seller of the chemical, a separate action may be brought against that company. Of course, these types of negligence lawsuits must be based on provable negligent behavior of the manufacturer or seller. There must be some careless act or violation of a statute or a regulation that serves as a basis for the lawsuit.
Car or truck accidents while on the job - A common scenario is when a person driving a company-owned or company-leased car or truck is involved in a traffic accident and was caused by the carelessness of another driver. When this happens, the injured worker is entitled to workers' compensation payments and has the right to bring a separate negligence action against the at-fault driver who caused the accident and injury. Keep in mind, the separate action must be based on the negligence of the other driver.

Q: If I'm receiving workers' compensation benefits, how much can I recover financially from a separate lawsuit?

A: Damages in a third-party negligence lawsuit include seeking compensation for medical bills, lost wages and permanent disabilities.

However, each state provides that a workers' compensation insurance company that paid benefits to an injured employee is entitled to recoup a major portion of the monies it paid out when a person injury settlement or jury award is finalized from a third-party negligence lawsuit.

All states have slightly different formulas for calculating the insurer's reimbursement, but the insurance company is typically allowed to file a lien on the award that amounts to two-thirds of the workers' compensation benefits paid to date.

Again, you need to consult with an experienced injury attorney regarding the state law that applies to you. For example, in Virginia, a workers' compensation insurance company is generally entitled to two-thirds of the paid workers' compensation benefits relating to medical bills and lost wages.

Q: What are the major differences in workers' compensation and negligence lawsuits?

A: Workers' compensation laws dictate that employees injured while on the job receive a percentage of their average weekly wages, as well as payment of medical bills resulting from the treatment of their injury. Workers can also recover for permanent partial disabilities and the loss of use of a limb. However, there is no right to jury trial, and there is no separate lawsuit generally outside of the workers' compensation system. Though, there is an appeal process provided in workers' compensation laws, but a jury trial is usually not an option for workers who feel they have been denied adequate payments through workers’ compensation

In contrast, a negligence lawsuit, or tort action allows for a jury trial. Proving that the negligence of a third-party company, person or entity caused the workplace injury entitles the worker to recovery for medical expenses, lost wages, pain, suffering, permanent impairment, disability, loss of enjoyment of life and other such damages as may be determined by the court or the jury.

Most states do not impose caps or ceilings on compensation amounts for damages awarded in negligence-based suits. To find out if you live, or were injured in, a state that does have some statutory caps on certain damages, you must consult with an injury attorney familiar with that state's laws.

Q: What claims do our Virginia and Carolina injury attorneys handle?

A: Our injury law firm employs lawyers licensed in VA, NC, SC, West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. While we do not directly handle state workers' compensation cases, we may be able to refer you to appropriate attorneys who can help you pursue your claim. We also handle railroad worker on-the-job injury claims that fall under FELA and other federal laws that provide workplace protections to railroad workers.

More importantly, our personal injury law firm handles negligence claims against third parties whose actions or products caused your on-the-job injury. If you suffer a workplace accident that may have resulted from the negligence of a third-party company, person or entity and would like a free, confidential consultation about your potential claim, we are here to provide that assistance. There are no upfront fees, and we only assist clients on a contingency attorney fee basis. To learn more about our no recovery, no fee system, take a look at this article.

How can you identify a top Virginia injury lawyer for your case? Look no further.

Our VA personal injury lawyers have been selected for many accolades.

Two of the attorneys with our Virginia Beach accident injury law firm, James Lewis and Rick Shapiro, have been named the Best Lawyers in America since 2008. Two of our VA injury lawyers -- Lewis and Shapiro - have been named to Virginia Super Lawyers for Personal Injury since 2010. In addition, Lewis and Shapiro have been selected for inclusion in the National Million Dollar Advocates Forum since 2009.

Our VA accident injury law firm was the first in the commonwealth nvited to join Primerus, a select group of highly ethical and respected law firms. Rick Shapiro was named as one of the Top 100 Injury Lawyers in Virginia by the National Trial Lawyers Association.

In October, 2000 our law firm and co-counsel obtained what was then the largest verdict in Virginia's history for an injured person. Our brain damaged client received an initial award of $46 million that rose to $60 million with interest when the defendant abandoned an appeal and agreed to settle.

Geographical Areas

Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.

In Virginia, this includes Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond, Petersburg, Roanoke, Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, Ashland, Big Stone Gap, and every community on the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague and Wallops Island.

In West Virginia, we can handle personal injury claims in Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling and any other town or county.

Injury Lawyers licensed in VA, WV, North Carolina (NC), South Carolina (SC), Kentucky (KY), Florida (FL) and Washington, DC.

Search Our Site

Get help Now!

Practice Areas

FAQs About Virginia (VA), North Carolina (NC), and South Carolina (SC) Workplace Injuries