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Can I Sue My Employer for a Work Injury

Can I Sue My Employer for a Work Injury

Posted By The Barrera Law Firm, PLLC | 20-Mar-2017

Being injured on the job can be a difficult experience, especially when you are not sure where to turn for compensation. When it comes to workplace injuries, most employees in the state of Virginia are covered by workers’ compensation, which is a no-fault insurance system that provides medical and wage supplementation benefits for injured workers. As a no-fault system, workers’ compensation typically bars workers from suing their employer.

Workers’ compensation may prevent most employees from filing a lawsuit against their employer for negligence, but it does allow them to file claims for benefits regardless of who is at fault for their injuries. When a work accident results in time away from work, the need for medical treatment, and long recoveries, workers’ compensation can be a much needed source of income when workers need it most.

At The Barrera Law Firm, PLLC, our Alexandria workers’ compensation attorneys are passionate about protecting the rights of injured workers throughout Virginia. Over the years, we have helped numerous hard-working men and women effectively navigate the workers’ compensation claim process and secure the compensation they deserved. In addition to helping injured workers secure workers’ comp benefits, we also closely evaluate cases to determine if there are other avenues for pursuing compensation, especially in cases involving intentional acts or third parties.

In some cases, workers who have suffered harm as a result of intention conduct or third party negligence may have the option to file a lawsuit.

  • Intentional Torts – If your work injury occurred as a result of your employer intentionally causing you harm, you may have the right to recover compensation for your physical and emotional injuries by pursuing an intentional tort. These cases commonly involve assault and battery, fraud, intentional infliction of emotional distraction, defamation, invasion of privacy, and more.
  • Third Party Lawsuits – Some work injuries are caused by the negligent or wrongful acts of a party that is not your employer. When this is the case, you may be able to file a personal injury lawsuit against the at-fault third party to recover your damages. Third party claims may arise as a result of defective products that cause harm, toxic exposure, or as the result of contractors or other parties that are not your employer that committed acts of negligence that led to your accident and injuries.
  • No Workers’ Comp – Injured workers who are hurt on the job may also file a lawsuit against their employer when their employer does not carry workers’ compensation insurance. These lawsuits can allow victims to recover the compensation they need in civil court, rather than through the administrative workers’ comp system.

Understanding your rights and exploring all of your available options for compensation is critical following a work injury, which is why our legal team works closely with clients to fully evaluate their situation, accident, and most appropriate steps for seeking the financial resources they need. In every case we work, we seek to maximize compensation for our clients.

If you or someone you love has suffered an injury or occupational illness as a result of performing job related duties, you may have the right to pursue workers’ compensation benefits or additional lawsuits, depending on the individual facts involved. By taking swift and immediate action to consult with an experienced attorney from The Barrera Law Firm, PLLC you can get the facts and support you need to navigate the process and secure a positive outcome that can aid you and your family as you recover.

We encourage you to learn more about your case and rights by reaching out to our firm for a FREE consultation. Contact us today to get started.

Categories: Workers' Compensation

Tell Us About Your Injury

It is crucial that you contact an experienced personal injury attorney as soon as possible.

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Why Choose The Barrera Law Firm?

  • We have over 30 years of personal injury and immigration experience.

  • You will be included on every step throughout the entirety of your case.

  • Fluent in English & Spanish to ensure your voice is heard no matter the language.

  • Our client-centered approach has proven to create a strategy optimized for your needs.