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Are Personal Injury Claims Possible for Work-Related Injuries?

  • Being injured at work is not something you thought would happen, but if it has happened to you, then you probably have some questions.

    Your injury has likely caused you to seek medical treatment, and you may be missing out on work wages while you recover. Depending on the seriousness of your injury, you may even be unable to return to work again. You’re probably wondering whether you are allowed to file a personal injury claim in Virginia for a work-related injury.

    In most cases, no, you cannot file an injury claim against your employer—but there are some exceptions.


    Workers Compensation in Virginia

    Virginia has laws regarding workers compensation for injured workers, and these laws require almost all employers to carry work comp insurance.

    What this means is that if you’re injured on the job, then workers comp is your outlet for recovering payment of medical expenses, missed wages, and permanent disability. However, there are two main exceptions to this rule.


    Your Employer Does Not Have Insurance

    If your employer was uninsured at the time of your injury but should have been carrying workers compensation insurance, then you can file a personal injury claim against your employer.


    You Were Injured By a Third Party at Work

    If you sustained an injury at work but your employer was not responsible, then you can file a claim against a third party that injured you. You can also collect workers compensation benefits from your employer for the same incident.


    Any More Questions Regarding Work-Related Injuries and Compensation?

    Workers compensation vs. personal injury claims can be confusing, so you probably have more questions. Don’t be shy! Head on over to the website of Halperin Law Center, or call us directly at 804-315-0634. We offer free case reviews, so get in touch with our top-rated attorneys today.