When you get injured at work, a lot of people think they have a lawsuit.  This is not exactly the case. In most cases you will only have a workers compensation claim, this is a claim against the workers compensation insurance for benefits.  Workers’ compensation is NOT a lawsuit against your employer.

In order to have a third-party personal injury claim, you have to have just that – a third-party.  Third-party mean someone OUTSIDE of the “employment situation” (you, your co-workers and your employer are all part of the “employment situation”).

There are several types of work-related accidents that can involve a third-party.  I’ve listed a few examples below, however there can be several others, if you are not sure if your particular instance involves a third-party liability situation, you need to consult a lawyer.

Situations Involving a Third-Party

Construction Accidents

When an injury occurs while working at a job site, there may a host of third parties that can be held responsible including contractors, subcontractors, a property owner, heavy equipment operators, or defective equipment manufacturers.  Basically anyone who is not directly linked to your employer.

Car or Truck Accidents

When you are required to travel for work, either to a meeting, job site or on a delivery or possibly even traveling in a work vehicle, you could be involved in a car or truck accident.  If you are involved in a collision that was not the fault of you or your co-worker, you could potentially have a third-party personal injury claim as well as a workers compensation claim.  Virginia has specific rules that apply for these types of claims so you will want to talk to a lawyer to make sure your circumstances fit these requirements.

Slip and Fall Accidents

If you sustain injuries in a slip and fall accident at work, the property owner may be considered a negligent third-party, depending upon the circumstances. The property owner would have to be someone outside of your employer (for example, if your employer rents the space and a third-party is responsible for repairing and maintaining the property).  Again, Virginia has specific rules that apply for these types of claims so you will want to talk to a lawyer to make sure your circumstances fit these requirements

When you have difficulties with your work-related injury claim, a Virginia workplace injury attorney can bear some of the burden you’ve been placed under. We also partner with several personal injury lawyers in the area to help folks who may have a workers compensation claim as well as a third-party liability claim.  


To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 804-755-7755.