One of the most dangerous places to be in Virginia is the workplace. Federal statistics show that in 2019, nearly 75,000 recordable injuries occurred in the state. In total, workers missed hundreds of thousands of days as they attempted to recover from their injuries.
Obtaining compensation after a workplace accident can be challenging. Conflicting and overlapping laws often make it difficult to know your options, and in many cases, you are prevented from suing your employer directly. To make sure you pursue the maximum benefits available, reach out to a Charlottesville workers’ compensation lawyer today.
A talented personal injury attorney from our firm could investigate the circumstances of your accident, gather the evidence needed to support your claim, and guide you through the workers’ compensation process to pursue the benefits you deserve.
Some of our clients are injured in dramatic explosions or building collapses. Others are hurt slowly over time, due to repeated exposure to toxic chemicals. No two workplace accidents are really alike. Fortunately, the nature of the accident is not terribly important. If you were hurt at work, you should receive compensation.
At MichieHamlett, our Charlottesville attorneys have helped people injured by:
If you travel as part of your job, you might have been injured in a hotel or on the open road in a crash. We can help with those cases, as well. A workplace injury can happen away from a jobsite so long as you were performing work for an employer.
Virginia requires that most employers carry workers’ compensation insurance. These policies will pay for reasonable medical care and replace a portion of lost wages if workers were injured on the job. There is also a death benefit if a worker dies. What’s great about workers’ compensation is that benefits are no-fault. A worker could injure himself carelessly and still qualify.
However, in exchange for receiving benefits, workers cannot sue their employers—even if the employer’s negligence is to blame for the accident. For example, your employer might have violated many worker safety laws. Even though these violations led to your injury, the employer is immune.
There are exceptions to this immunity. If your employer did not carry insurance as required, you can sue. If an employer intentionally injured you—for example, by physical assault—you can also sue.
Employer immunity does not extend to third parties. For example, you might have been injured by:
Let’s say you travel to a conference for work. If you are hit by a driver on the road, you can sue them if they were negligent. Likewise, you can sue a customer who attacks you or the manufacturer of a defective product.
Third-party lawsuits provide a critical source of financial support. Although workers’ comp is no-fault, the benefits are stingy. Workers do not receive full compensation for lost income. They also receive nothing for pain and suffering or emotional distress. Often, a third-party lawsuit is the only way for our clients to be made whole following an accident.
The lawyers at MichieHamlett are well-versed in the laws regulating workplace safety and accidents. For help with your claim, contact us today to schedule a free consultation with a Charlottesville workers’ compensation lawyer.