Third-Party Workers’ Compensation Claims in Virginia Beach

Workplace injuries can have a devastating impact on employees and their families. A serious injury may leave a worker facing mounting medical bills, lost wages, physical pain, and uncertainty about the future. Fortunately, Virginia’s workers’ compensation system provides benefits to employees who are injured on the job, regardless of who was at fault for the accident.

However, many injured workers in Virginia Beach are unaware that workers’ compensation may not be their only source of financial recovery. In some cases, a person or company other than the employer contributed to or caused the accident. When this happens, an injured worker may have the right to pursue a third-party personal injury lawsuit in addition to receiving workers’ compensation benefits.

At Poole, Brooke, Plumlee, we offer skilled legal representation for employees who have suffered all types of on-the-job injuries. With experience in both personal injury and workers’ compensation law, we thoroughly evaluate each case to help our clients get maximum compensation. Contact our law offices today to schedule a consultation with a Virginia Beach workers’ compensation lawyer.

Understanding Workers’ Compensation in Virginia 

The Virginia workers’ compensation system is designed to provide benefits to employees who are injured while performing their job duties or who develop an occupational illness. Most employers in Virginia are required to carry workers’ compensation insurance. 

Workers’ compensation benefits may include:

• Payment of reasonable and necessary medical expenses
• Wage replacement benefits for lost income
• Temporary total disability benefits
• Temporary partial disability benefits
• Permanent disability benefits
• Vocational rehabilitation services (in certain cases)

One of the primary features of the workers’ compensation system is that employees do not have to prove that their employer did something wrong to receive benefits. In exchange, workers usually cannot sue their employer for workplace injuries.

While workers’ compensation can provide valuable assistance, it has limitations. For example, injured workers cannot recover damages for pain and suffering through workers’ compensation. Additionally, wage replacement benefits typically cover only a portion of lost income. That is where third-party claims can become important.

What Is a Third-Party Workers’ Compensation Claim? 

A third-party claim is a personal injury lawsuit filed against a person, business, or entity other than the injured worker’s employer. When a third party’s negligence causes or contributes to a workplace accident, the injured worker may have the right to pursue compensation from that third party while still receiving workers’ compensation benefits.

A third-party claim is separate from the workers’ compensation claim and is governed by Virginia personal injury law. The key distinction is that workers’ compensation provides no-fault benefits through the employer’s insurance carrier, while a third-party claim requires proof that another party acted negligently or wrongfully. 

For many injured workers, workers’ comp benefits alone do not fully compensate them for the harm they have suffered. A successful third-party lawsuit may allow recovery for damages such as:

• Pain and suffering
• Emotional distress
• Full lost wages
• Loss of future earning capacity
• Loss of enjoyment of life
• Scarring and disfigurement
• Loss of consortium (in certain cases)

These damages are generally unavailable through the workers’ compensation system. As a result, a third-party claim can significantly increase the overall compensation available to an injured worker.

Common Situations That Give Rise to Third-Party Claims

Third-party liability can arise in a wide variety of workplace accidents. Many industries in the Virginia Beach area involve interactions with contractors, vendors, drivers, manufacturers, and other parties whose negligence may create dangerous situations. 

Common workplace accidents that may lead to third-party claims include:

1. Motor Vehicle Accidents:  One of the most common sources of third-party claims involves car accidents. Many workers spend part of their workday driving or traveling between job sites. If another motorist causes a crash while an employee is performing work duties, the injured worker may have both a workers’ compensation claim through their employer and a personal injury claim against the at-fault driver. For example, a delivery driver who is injured when another vehicle runs a red light may be eligible to pursue compensation from both sources.
2. Defective Products and Equipment: Workers often rely on machinery, tools, vehicles, and equipment to perform their jobs safely. When defective products cause injuries, manufacturers, distributors, and designers may be held responsible. This could include things like defective power tools, malfunctioning forklifts, faulty industrial machinery, exploding batteries, and defective safety equipment. In these situations, a product liability claim may allow the injured worker to recover additional damages beyond workers’ compensation benefits.
3. Property Owner Negligence: Employees often work on property owned by someone other than their employer. Property owners have a duty to maintain reasonably safe conditions for lawful visitors. Dangerous stairways, poor lighting, inadequate security, and unsafe building conditions can all lead to a third-party lawsuit against the property owner.
4. Workplace Violence and Negligent Security: In some situations, workplace injuries result from assaults or criminal acts committed by third parties. For example, a retail employee may be injured during a robbery. If a property owner, security company, or another entity failed to provide adequate security despite known risks, a third-party claim may be possible.
5. Equipment and Vehicle Maintenance Contractors: Many businesses hire outside companies to maintain vehicles, machinery, and equipment. If negligent maintenance causes equipment failure and injuries, the maintenance company must bear responsibility. For example, if a vehicle was improperly repaired, then the mechanic could potentially be held liable for an accident that resulted.

Workers’ Compensation Versus Third-Party Claims

A third-party claim and a workers’ compensation claim can arise from the same workplace accident. However, they differ significantly.

Workers’ compensation generally provides:

• No-fault benefits
• Medical expense coverage
• Partial wage replacement
• Disability benefits

Workers’ compensation does not require proof of fault or negligence.

Third-party lawsuits generally require proof that another party acted negligently or wrongfully. If you can prove fault, then you may be able to recover money for:

• Pain and suffering
• Emotional trauma
• Full wage losses
• Reduced earning capacity
• Property damage
• Future medical expenses
• Loss of enjoyment of life

When the facts support it, many injured workers in Virginia Beach pursue both claims simultaneously. Our workers’ compensation attorneys thoroughly analyze each of our clients’ cases to determine if a third-party lawsuit may be possible on top of a workers’ compensation claim.

Proving Negligence in a Third-Party Claim

Unlike workers’ compensation claims, third-party cases require evidence showing that the at-fault party (defendant)’s actions caused the injury. The injured party (plaintiff) has the burden to prove fault.

Most third-party claims are based on a theory of negligence or carelessness. To prove negligence, an injured worker must establish the following:

1. Duty of Care: The defendant owed the plaintiff a duty to act reasonably and safely.
2. Breach: The defendant violated that duty.
3. Causation: The defendant’s conduct directly caused the injury.
4. Damages: The plaintiff suffered actual losses as a result.

In a third-party workplace accident claim, evidence to support the case may include things like accident reports, witness statements, surveillance footage, photographs, medical records, expert testimony, and safety inspection reports. A thorough investigation by a Virginia Beach workers’ compensation lawyer is often critical to establishing liability.

How Workers’ Compensation and Third-Party Claims Interact

Many injured workers assume that they must choose between a workers’ compensation claim and a personal injury lawsuit. In reality, you can file both claims. Both cases may proceed simultaneously.

For example, consider a situation where a Virginia Beach construction worker falls from a scaffold because a subcontractor failed to secure it properly. The worker may receive workers’ compensation benefits through their employer’s insurance carrier. They can also pursue a negligence claim (personal injury lawsuit) against the subcontractor. This can lead to a significantly larger financial recovery.

There are some issues that can arise when an injured worker files both a workers’ comp claim and a third-party personal injury lawsuit. In these cases, the workers’ compensation insurance company may have a right to reimbursement for benefits paid out on a claim. This is known as a workers’ compensation lien or subrogation interest. The purpose is to prevent a double recovery for the same accident.

For example, if workers’ compensation paid medical expenses, disability benefits, and wage-loss benefits, the insurance company may seek reimbursement from the proceeds of a third-party lawsuit related to those benefits. An experienced Virginia Beach personal injury attorney can often negotiate lien reductions and ensure that settlements are structured appropriately to maximize compensation.

Work with an Experienced Virginia Beach Workers’ Comp Lawyer

A workplace injury can create challenges that extend far beyond medical treatment and lost income. While workers’ compensation benefits serve an important purpose, they may not provide complete financial recovery when another party’s negligence caused the accident. Third-party workers’ compensation claims allow injured employees in Virginia Beach to pursue additional compensation from third parties, providing the opportunity to recover money that may be unavailable through workers’ compensation alone.

Poole, Brooke, Plumlee offers experienced legal representation to injured workers, including cases involving both workers’ compensation and third-party personal injury claims. We offer no-cost consultations for all workers’ compensation cases. To learn more, call us at 757-499-1841 or fill out our online contact form to talk to a Virginia Beach workers’ compensation attorney.