Hurt At Work, Receiving Workers Compensation, Who Can I Sue?
When you are injured at work, whether you can sue anyone depends on the identity of the person who caused your injury. An experienced personal injury lawyer can give you advice which considers the circumstances of your case.
1. Who you CAN’T sue:
If your accident is covered under workers’ compensation, you are NOT permitted to sue your employer or any co-worker. Your employer is responsible only for paying you a weekly benefit for wage loss and paying the cost of necessary medical treatment for your injury, both as provided in the Virginia Workers Compensation Act.
2. Why you should get legal advice to see if you CAN sue anyone:
If you can file a personal injury lawsuit against the person who caused your injury, you can claim damages beyond the wage loss and medical expense benefits which are available through your workers’ compensation claim. The additional damages you can claim include amounts for pain and suffering, inconvenience, loss of future earning capacity, punitive damages, and pre-judgment and post-judgment interest. These additional damages can vastly exceed the limited benefits available in a worker compensation claim. An experienced personal injury lawyer can determine whether you can sue, and what damages you can claim.
3. Who you CAN sue:
You can sue a person who caused your injury if that person is a “third party”, a “stranger” to your employment, who is not engaged in the performance of your employer’s business. An experienced personal injury lawyer can determine whether such a “third party” caused your injury.
4. Examples of “third parties” who you CAN sue:
(a) A driver of a motor vehicle who causes an accident which injures you while you are engaged in work activity for your employer.
(b) A physician, hospital, or other medical provider who injures you through committing malpractice in treating your work injury.
(c) A manufacturer or supplier of equipment, machinery, tools, and other products that are defective and which cause injury to you due to their defective condition.
(d) An airline that is in control of an airplane that crashes due to the neglect of the airline, when you are a passenger engaged in work activity for your employer.
(e) In cases of freight delivery, if the employees of the receiving business are solely responsible for unloading, they can be sued if they cause an injury to a delivery driver who is not responsible for unloading.
There are endless possible situations in which you can receive workers’ compensation benefits and in addition, sue the person or entity who injured you. In all such cases, there are potentially significant additional damages you can collect. If you believe your case may involve a claim against a “third party” who is not engaged in the performance of your employer’s business, it is certainly in your interest to contact an experienced personal injury lawyer to evaluate your case.
Contact us today to speak with one of our personal injury attorneys in Roanoke, Lynchburg, Richmond, or Norfolk.
