One of the most dangerous places to be in Virginia is at work. Statistics gathered by the federal government show that our state experienced nearly 75,000 recordable injuries in 2019. In total, workers missed hundreds of thousands of days away from work as they tried to heal their injuries.
Obtaining compensation following a workplace accident is difficult. There are many conflicting and overlapping laws, some of which prevent you from suing your employer. To ensure you receive the maximum compensation available, reach out to a lawyer today.
Types of Accidents
Some of our clients are injured in dramatic explosions or building collapses. Others are hurt slowly over time, due to repeated exposure to toxic chemicals. No two workplace accidents are really alike. Fortunately, the nature of the accident is not terribly important. If you were hurt at work, you should receive compensation.
At MichieHamlett, our Charlottesville attorneys have helped people injured by:
- Falls
- Explosions and fires
- Chemical spills
- Workplace assaults
- Repetitive stress injuries
If you travel as part of your job, you might have been injured in a hotel or on the open road in a crash. We can help with those cases, as well. A workplace injury can happen away from a jobsite so long as you were performing work for an employer.
Workers’ Compensation & Suing an Employer
Virginia requires that most employers carry workers’ compensation insurance. These policies will pay for reasonable medical care and replace a portion of lost wages if workers were injured on the job. There is also a death benefit if a worker dies. What’s great about workers’ compensation is that benefits are no-fault. A worker could injure himself carelessly and still qualify.
However, in exchange for receiving benefits, workers cannot sue their employers—even if the employer’s negligence is to blame for the accident. For example, your employer might have violated many worker safety laws. Even though these violations led to your injury, the employer is immune.
There are exceptions to this immunity. If your employer did not carry insurance as required, you can sue. If an employer intentionally injured you—for example, by physical assault—you can also sue.
Lawsuits Against Third Parties
Employer immunity does not extend to third parties. For example, you might have been injured by:
- Customers
- Vendors
- Manufacturers of equipment used on the job
Let’s say you travel to a conference for work. If you are hit by a driver on the road, you can sue them if they were negligent. Likewise, you can sue a customer who attacks you or the manufacturer of a defective product.
Third-party lawsuits provide a critical source of financial support. Although workers’ comp is no-fault, the benefits are stingy. Workers do not receive full compensation for lost income. They also receive nothing for pain and suffering or emotional distress. Often, a third-party lawsuit is the only way for our clients to be made whole following an accident.
Speak with Our Charlottesville Workplace Accident Lawyer Today
The lawyers at MichieHamlett are well-versed on laws regulating workplace safety and accidents. For help making a claim, contact us today for a free consultation.