Imagine you are driving a company car, traveling from one work site to another when you are stopped at a red light. The driver behind you, not paying attention and texting behind the wheel, plows into you, causing you serious injuries. Your first thought is: whose going to pay for this? Do I sue just the driver that hit me or do I have recourse against my employer as well, considering I was driving a company car and on the clock?
Worker’s compensation exists to cover workplace injuries or injuries suffered on the job, but it is by no means an exclusive remedy in all scenarios. If there were other, third parties aside from an employer that contributed to, and may be responsible for, your injury, even if that injury may qualify you for worker’s compensation, you would still have recourse against those third parties, whether it was a person or a company or organization. Simply because you file a worker’s compensation claim does not mean you are waiving your rights to file a personal injury claim against anyone else who may have had a role in causing your injuries.
This is a scenario in which it can be very helpful to have an attorney representing you in obtaining compensation for your injuries who represents claimants in both worker’s compensation proceedings as well as representing those who have suffered personal injuries as a result of someone else’s negligence. The experienced Virginia personal injury attorneys at Kalfus & Nachman know the ins and outs of both personal injury claims in Virginia as well as the Virginia worker’s compensation system and we can assist you in maximizing full recovery for your damages suffered in an incident that may have taken place in a company vehicle and/or while you were on the job where your injuries may have been caused by a third party.
Work-Related Accidents That May Also Involve Third Parties
The best way to think about the difference between a worker’s compensation claim and a “normal” personal injury claim is who caused the injury and where it took place. Most accidents at your employer’s office or place of business would be situations where worker’s compensation would be your exclusive remedy because the incident took place only because of your job, i.e. if you were lifting a heavy box at the company warehouse and it fell, breaking your foot. This is the classic worker’s compensation scenario most people think of; in this case, your remedy would be to file a claim with your employer’s worker’s compensation carrier for compensation for your broken foot and any damages associated with that workplace injury.
There are other, less conventional on the job injuries that also might occur which also could be covered by worker’s compensation. For example, in the scenario above, then you would be able to pursue a worker’s compensation claim against your employer because, if not for being on the job, you would not have been in that place at that time. In addition, you can also pursue a personal injury claim against the person that hit you simultaneously; there is nothing in Virginia law that prevents you from doing so. The only caveat to this would be that there is no double recovery; if you receive x amount in compensation for your lost income from the worker’s compensation proceedings, that likely would be offset against what you could recover against the driver that hit you.
Contact the Experienced Personal Injury Attorneys at Kalfus & Nachman if You or Someone You Love Has Been Injured in Virginia
At Kalfus & Nachman, our experienced Virginia personal injury attorneys have recovered millions in compensation for our clients who have been injured due to someone else’s negligence. We have represented numerous individuals who we were able to secure recovery for from both our clients’ employers through worker’s compensation proceedings and by simultaneously pursuing claims against third parties who may have had a role in causing their injuries. We attempt to recover damages for our client from whatever source they are available.
Therefore, if you live in the Norfolk, Hampton, Newport News, Portsmouth, Virginia Beach or Roanoke, Virginia, areas and have been injured as a result of someone else’s negligence, then please contact Kalfus & Nachman PC by phone today at (855) 880-8163 or through the form on this page to schedule a free consultation regarding your particular situation.