Workplace injuries in industrial, construction, transportation, law enforcement, and manufacturing settings are common due to the high number of inherent dangers that exist for certain jobs. Though some occupations have more risk of injuries than others, workplace injuries can strike in nearly any job. And, just like any other personal injury, workplace injuries cause financial difficulties to the injured victim.
Many Virginia workers who have been injured on the job often assume that their only course of relief is to recover financial benefits through the Virginia Workers Compensation Act. This is due in large part to what is known as the “workers compensation bar,” a legal doctrine in in Virginia that prevents an injured employee from recovering compensation directly from their employer for personal injuries suffered on the job.
While it is true that most injuries that occur in the workplace are covered by workers compensation insurance and do not permit a lawsuit to proceed, there are often a number of situations that allow an employee to bring a personal injury claim against a third party. And, in some instances, a worker can actually sue their employer for injuries that occur in the workplace.
Here are some of the situations where an employee may be able to reach a settlement or bring a lawsuit to recover compensation for work-related injuries:
- When the worker’s injuries are caused by unreasonably dangerous or defective products, the employee may have a products liability claim. This type of claim often occurs when an employee is using or is exposed to defective tools, equipment, chemicals, fumes or other items that are typically found on a job site and that cause an injury to the employee;
- Claims against co-employees, managers, supervisors, and even the employer for sexual assault against the employee that occurs in the workplace or is connected with work;
- Claims for assault and battery against the worker by visitors to the workplace. In some instances, the employee can proceed directly against the employer for harms that are suffered;
- Certain tort claims causing dignitary harms and damage but not resulting in physical injuries, such as intentional infliction of emotional distress and claims for defamation;
- Unlawful discrimination or sexual harassment claims against an employer;
- Certain occupational diseases, such as mesothelioma from asbestos exposure and inhalation of asbestos fibers;
- Premises liability claims, including slip and fall and trip and fall accidents that may occur on a third party’s property;
- Claims for violations of wage and hour laws, such as overtime violations or minimum wage violations; and
- Automobile accidents caused by negligent third parties, even if those accidents occur while the employee is in the course of employment.
If you or a loved one have suffered a workplace injury due to the negligent acts of another party or product, or the intentional acts of anyone, please contact MartinWren, P.C.’s Virginia Workplace Injury Lawyers, Robert E. Byrne, Jr. at (434) 817-3100 or Kirk D. Becchi at (540) 437-1243, for a free consultation. We will be happy to meet with you at the hospital or your home, including on evenings or weekends.
You will not owe any legal fees unless we recover money for you.