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Can I sue my employer for my work place injury?

Say you’ve been injured while on-the-job, you know about Work Comp, but you want to know if you can sue your employer.

Well, the Workers’ Compensation, not litigation, is the go-to for injured employees who have sustained on-the-job injuries, or an occupational disease. The Virginia Workers’ Compensation Act is intended to provide injured workers financial benefits and medical treatment for job-related injuries, instead of the employee having to file lawsuit against the employer. This way of doing things has a great benefit to the employee because the Workers’ Compensation process tends to be resolved faster than going through the court system. Furthermore, in a Work Comp claim, an injured worker only has to prove that the injury occurred by an accident that arose in the course and scope of their employment.

(Note though, the Work Comp system does have its disadvantages over litigation, however. An injured worker cannot receive monetary damages for “pain and suffering,”, nor can they be awarded punitive damages.)

But, it’s still possible to sue in certain situations. If an injured worker’s injuries were caused by the negligence of a third party (not the employer), the injured worker can sue the third party (non-employer) for damages. One common example of this situation is when a person who is driving a vehicle in the course and scope of his employment is involved in a motor vehicle accident in which they are hit by a negligent driver. In this situation, the injured worker may have a Workers’ Comp claim, as well as a third party negligence lawsuit against the driver who hit them resulting in them being injured.

Trust our experienced lawyers

While the workers’ compensation system is set up to ensure that injured workers receive benefits, it is a complex legal process. Don’t go it alone, trust the Virginia Workers’ Compensation lawyers at Kalfus & Nachman to put their many years’ experience to work on your case. There are several laws that can effect on the outcome of your case, so it’s extremely important to have a Workers' Comp lawyer on your side to assist you through the entire process. We can represent you in your third party personal injury case, as well as assist you in filing a claim with the Virginia Workers’ Compensation Commission, in order to recover workers’ compensation benefits. Contact us today for a free consultation by calling (855) 880-8163.


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