An American worker spends a minimum of 2,080 hours annually working for their employer. Most workers work their entire careers without sustaining an injury, but some do. A growing number of workers have sustained serious injuries on the job site, underlining the likelihood of such accidents occurring.
If you have sustained injuries at your job site in Virginia, you can file a personal injury claim. If the circumstances at your job site resulted in an accident that caused you to sustain injuries, you are also eligible for workers’ compensation benefits.
The best part about workers’ compensation is that it is no fault, and it doesn’t matter who caused the injury if it arose from the scope of your employment. Virginia law states that workers should be compensated for their on-the-job injuries, but some insurance companies play hardball when it comes to payment. Note: our Virginia personal injury law firm does not handle workers’ compensation claims, we limit our practice to handling claims against third parties that are not your actual employer responsible for paying you workers’ compensation, and we explain how this works below.
You Can Claim Both Worker’s Compensation Benefits and Personal Injury Benefits
Most employees wonder whether they can claim both workers’ compensation benefits and personal injury benefits from the same accident in Virginia. The answer is yes, you can, but only in very specific circumstances where the negligence of a third party caused your on-the-job injury. If the accident happens at work, it is usually a workers’ compensation claim. However, if the accident was caused by a third party beyond your employer, there may be a personal injury negligence claim besides a workers’ compensation claim. If you have evidence supporting both claims, you can get compensation from both.
Personal injury attorneys refer to such cases as third-party cases. It is vital to know that third-party cases require careful analysis to prove negligence. For instance, if you suffer an electric shock at work due to faulty wiring by an electrician, you may be able to sue the electrician for negligence. The fact the accident happened at work also makes you eligible for worker’s compensation benefits. Keep in mind that both of these claims result from the same accident. In circumstances involving a personal injury claim against a third party, there is a statutory lien against the negligence suit for a major portion of the workers’ compensation benefits that are received. But nothing has to be paid back unless there is a recovery against the third party for its negligence.
Shapiro, Washburn & Sharp has handled several such cases, and we have personal injury attorneys that can help you prove negligence by a third party, and this can also involve a defective product supplied by a third party or dangerous chemicals supplied by a third party, and the specific circumstances might need to be thoroughly investigated. You need a skilled Virginia personal injury attorney to prove negligence because insurance companies seek to pay the lowest amount of compensation possible.
Schedule a Free Consultation with Our Virginia Personal Injury Attorneys
If you sustained injuries at work and feel you have a valid personal injury case, our Virginia personal injury lawyers at Shapiro, Washburn & Sharp are here to help. Call (833) 997-1774 to schedule a free case evaluation with one of our dedicated personal injury attorneys.