Sustaining an injury at work can be life altering and difficult to navigate. When it comes to injuries that are sustained in the workplace or on a worksite, these injuries can become increasingly complicated and confusing to understand.
Knowing when you can seek to recover damages from a work-related injury could help you get back on track to recovering and regaining normality in your life. MartinWren’s experienced Charlottesville Personal Injury Lawyers are qualified and willing to assist if your work-related injury claim is not barred by workers’ compensation.
When can I seek worker’s compensation benefits?
In workers’ compensation law, a compensable injury is defined as an “injury by accident arising out of and in the course of the employment or occupation.” Worker’s compensation does not apply for any accident that occurs at your place of work; there must exist a causal relationship between a work-related risk and event and the injury that ensued.
Some of the rules in the workers’ compensation context are much less stringent than in a personal injury action. This is because employees must be able to perform their dangerous jobs without having to worry that they will lose income in the event they are injured during work. But because these claims are simpler than a normal personal injury action, an employee is barred from suing his or her employer for an injury that occurs during work.
This is critically important to understand: workers compensation claims in Virginia are not based on a fault-based system and an employer’s workers compensation insurance company will be responsible for covering injuries regardless of whether the injured party was partially at fault for the injuries that occurred. But because the bar is lowered and much easier for an injured party, the injured party will be subject to what is called the “exclusivity bar” of workers compensation. This means that an employee cannot have a personal injury action but can bring only a workers compensation claim for workplace injuries.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Six factors that establish a causal connection
There are six factors that establish a causal connection between a work related risk and an injury, and each must be proven for the injury to fall under the Worker’s Compensation Act.
- There must exist a medically recognized causal connection between the conditions of work and the “occupational disease” or injury,
- The injury followed naturally and uninterrupted from the work related exposed,
- The injury can be fairly traced to the occupation as a proximate cause (“an event sufficiently related to a legally recognizable injury to be held to be the cause of that injury”),
- The injury is not an ailment that the plaintiff would have had exposure to outside of the work environment,
- The injury is specific to the job, and did not happen outside the relationship of employer-employee, and
- Even if the injury was not foreseen, the risk originated in the line of work the plaintiff is in.
These six factors must be proven before an injured worker can receive worker’s compensation benefits for a work-related injury.
The “Actual Risk” Test
Causation is often the big issue to be proven in worker’s compensation claims. By applying an “actual risk” test, legal professionals can assess whether the injury falls under the Worker’s Compensation Act.
Under the test, the specific risk that caused the injury is examined, and it must be shown that the injury followed naturally from an event in the workplace that is specific to the line of work. This test excludes any injuries that the greater population could be exposed to regardless of their involvement in this occupational relationship. This includes situations including bending, walking, and turning, because the public is also exposed to these risks, so they would not be specific to any line of work.
Third Party Injury Claims From the Workplace
It may be the case under certain circumstances that an injured worker has both a workers compensation claim and a personal injury claim. Workers can be hurt in a large variety of circumstances, such as while driving for work, while using a defective tool or malfunctioning equipment, by an unsafe condition or dangerous defect at a place of work, or by a stranger to their workplace who comes in and causes a harm while not working for their employer’s interests.
What is important to keep in mind is whether the person who was responsible for causing the harm in question what the employer or a statutory agent of the employer. When that’s the case, there will most likely not be a third-party injury claim against that employer.
Virginia applies different legal tests to know whether the person who caused an injury was the statutory employer of the party who caused the injury. One such test is the “Stranger to the Business Test.” That test, originally introduced by the Supreme Court of Virginia in Feitig v. Chaukly, 185 Va. 96 (1946), explained that an injured worker could bring an injury claim against a third party who was a stranger to their employer’s business. This analysis typically arises in workers compensation cases where the party that causes the injury in question is a fellow subcontractor.
Courts also apply what is called the “normal work test” to determine whether the party that caused an injury is considered a statutory employee of the injury worker’s employer. If the subcontractor who caused the injury was performing work that is normally performed by the employer’s employees — as opposed to independent contractors — that work is likely done by someone who is a statutory employee. Shell Oil Co. v. Leftwich, 212 Va. 715 (1972).
What’s important to understand is that many workplace injury claims will not be barred by the workers compensation exclusivity provision. That is particularly true for claims involving defective or malfunctioning equipment or tools, crashes with drivers, and similar situations. When that occurs, the injured party will have both a workers compensation claim and a personal injury claim.
Let us assist you with your claim
Experienced and caring Personal Injury Lawyers at MartinWren, P.C. are available to discuss whether your work-related injury may entitle you to pursue a personal injury claim in addition to a workers compensation claim. If you have questions about whether you or a loved one might have a personal injury claim from a workplace injury, contact one of our Charlottesville VA Workplace Injury Lawyers for a free consultation to receive the help you deserve.
Call 434-817-3100 or complete a Case Evaluation form