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Seeking compensation from a negligent third party in a Virginia work accident


You are in an uphill struggle if you get hurt on the job in Virginia. You could be out of work for weeks or months, depending on the extent of your injuries. Alternatively, you may be compelled to deal with a disability that forces you to look for new work or prevents you from finding or keeping a job. Workers’ compensation benefits can ensure that you have adequate medical care and do not lose all of your pay during this time.

What is Workers’ Compensation?

When you get injured at work, you can usually submit a workers’ compensation claim, which will pay for your medical bills and a part of your lost wages for a set length of time or indefinitely, depending on the circumstances. This claim is made against the workers’ compensation insurance coverage of your employer. 

A workers’ compensation claim differs from a lawsuit, and you are not allowed to sue your employer in Virginia to sue your employer for negligence, deliberate acts, or omissions under federal and state laws. However, you will be entitled to receive workers’ comp benefits in exchange. 

Workers’ compensation is designed to compensate injured workers for immediate damages such as lost wages and medical expenses in a quicker and less contentious manner, although it does not entirely reimburse them. When a claim against a third party (non-employer) is warranted, it can fill what’s lacking, allowing the employee to recover for damages not entirely covered by the employer’s workers’ comp payments.

What is a third-party claim? 

Briefly, a third-party claim is an insurance claim or lawsuit made against someone who isn’t your employer and doesn’t work for the same company as you. Someone from outside your company is the third party. It could be a worker from another company who was on the same job site. It could also have been someone who was not associated with your work who entered your workspace. 

A third-party claim may be able to hold them accountable. You can file a lawsuit against that party, or the at-fault party’s company, to prove that their negligence, recklessness, or intentional wrongdoing caused your injuries.

How to File a Third Party Claim 

If you want to file a lawsuit against a third party for injury in the workplace, you should hire a third-party claim lawyer. Before you file a lawsuit, you must complete a number of procedures. 

  1. The first step is to have an impartial inquiry conducted by your lawyer. Your attorney will gather accident evidence and examine it to establish who is to blame. This is required in order to determine whether or not you have a viable third-party claim. 
  2. If your claim is valid, the next step is to figure out when and where you need to file a lawsuit. Your lawyer will look into the personal injury statute of limitations. If you file a lawsuit before the deadline, your lawyer will establish whether a court has jurisdiction. You may be able to bring charges in the state where you live, where you were injured, or where the other person or company is situated. 
  3. Your lawyer will then prepare the complaint and file it with the appropriate court, as well as ensure that the at-fault party receives the necessary paperwork. They will represent you at all court sessions and, if required, at trial 

If the at-fault party is insured, their insurance company may cover them. Your lawyer may be able to work out a fair settlement with the insurer for your job-related injuries.

Compensation for Third-Party Claims 

When you bring a lawsuit against the person or company that caused your work-related injuries, you might seek damages for:

  •    medical bills
  •    disability
  •    loss of income
  •    disfigurement and scarring
  •    pain and suffering
  •    feelings of apprehension
  •    lowered earning capability
  •    diminished quality of life

Contact an experienced third-party claims lawyer 

Third-party claims are typically more complex and daunting than workers’ compensation claims. To determine the validity of your third-party liability for a workplace accident, a thorough accident investigation is required. 

Slominski Law has the expertise and experience to help you navigate the complicated third-party claim process. For a free consultation, call (434) 373-9643 in Lynchburg or (540) 307-8246 in Roanoke.