If you have been injured at work due to the negligence of a third-party, you may be eligible to file a personal injury claim against that individual or entity. While the workers’ compensation system provides benefits to injured employees, it does not always cover the full extent of damages. This article will discuss whether you can recover damages for a workplace injury caused by a third-party in Virginia.
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Understanding Third-Party Liability
When an employee is injured on the job by the actions of another person or entity, the employee may have a separate personal injury claim against that third-party. For example, if you are a delivery driver and are hit by a negligent driver while driving on the job, you could file a personal injury claim against the negligent driver. This is known as third-party liability.
Determining Fault in a Third-Party Claim
To have a valid third-party claim, you must be able to establish that the third-party was at fault for your injuries. This requires proving that the third-party had a duty of care to you, that they breached that duty, and that the breach caused your injuries. For example, if you are working on a construction site and are injured by a subcontractor’s improper installation of a roof, you could potentially have a third-party claim against the subcontractor.
Workers’ Compensation and Third-Party Claims
If you are injured on the job by a third-party, you may be able to pursue both a workers’ compensation claim and a third-party claim. However, it is important to understand that workers’ compensation benefits often do not cover the full extent of damages, such as pain and suffering, that may be recoverable in a third-party claim. Additionally, while workers’ compensation benefits are typically available regardless of fault, a third-party claim requires you to establish fault on the part of the third-party.
Time Limits for Filing a Third-Party Claim
In Virginia, the statute of limitations for filing a personal injury claim is two years from the date of the injury. This deadline also applies to third-party claims. It is important to speak with an experienced personal injury attorney as soon as possible after the injury to ensure that your claim is filed within the appropriate timeframe.
Types of Damages in a Third-Party Claim
If you are successful in your third-party claim, you may be able to recover damages such as:
- Medical expenses, including future medical care
- Lost wages and lost earning capacity
- Pain and suffering
- Emotional distress
- Property damage
The Importance of Hiring an Experienced Personal Injury Attorney
Filing a third-party claim can be complex, and it is important to have an experienced personal injury attorney on your side. Your attorney can help gather evidence, establish fault, and negotiate with insurance companies to ensure that you receive fair compensation for your injuries.
Conclusion
If you have been injured at work by a third-party in Virginia, it is important to understand your legal options. You may be eligible to file a personal injury claim against the third-party, in addition to pursuing workers’ compensation benefits. Contact an experienced personal injury attorney as soon as possible to discuss your case and ensure that your rights are protected.