Can I sue my employer instead of claiming workers’ compensation in Virginia?

A workplace injury, especially a painful or disabling one, can leave you reeling. You may want to know all your available options so you can claim all the workers compensation you deserve. An option you may consider is suing your employer. But can you do it? Is it legal? For the most part, no, you cannot sue your employer. Here is why.

The workers’ compensation system was created as a trade-off. It benefits both the employer and the employee because it does not issue fault. Whether or not the injury was your fault, you are eligible to receive workers’ compensation benefits to compensate you for missed work and medical bills. In return, workers are not allowed to sue their employers. Almost all employers are required to carry workers’ compensation insurance. In return, they are protected from lawsuits from employees.

The only case in which you may sue an employer for a workplace injury is if you believe that the injury was intentional; therefore, if you have substantial evidence, you can bring it to court and have a jury decide your case.

If you suffered a workplace injury and have questions about your rights, you need legal help from a workers’ compensation attorney. If you live in Virginia, contact the Injured Workers Law Firm today at 1-804-755-7755 and order our free guide, Ultimate Guide to Workers’ Compensation in Virginia.


About the Author:

The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia Workers’ Compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.