Can I Sue my Employer for an On the Job Injury?
Even if your boss or co-worker gives you a dangerous and defective piece of equipment, and you are injured through no fault of your own, Virginia law does not normally allow you to win such a lawsuit notes Herndon workers comp & personal injury lawyer Doug Landau
In many situations it may seem like an employee should be able to sue his or her employer for something that happened on the job.
For example, a hospital worker who is punctured by a used, contaminated needle left out by a negligent coworker; a camp counselor who feels she did not receive adequate training and as a result sustained a concussion when an agitated camper threw a rock at her head; a worker who tripped at work while getting off the elevator because there is a lip on the elevator doorway.
In Virginia, can the employer be sued in these types of situations?
According to Herndon Workers’ Comp Lawyer Doug Landau, the short answer is generally “no.” Sudden, accidental injuries that arise in the course and scope of employment come under the Virginia Workers’ Compensation Act. Employers who have workers’ comp insurance coverage generally cannot be sued by a disabled employee.
The Virginia Workers’ Comp Act does, however, provide for certain benefits, including medical care. In the case of permanent injuries with a lot of missed time on the job, it is always best to consult with an experienced, licensed and insured Virginia lawyer who regularly tries comp claims in front of the Virginia Workers’ Compensation Commission.
If you or someone you know has been injured at your place of employment, and there are questions as to what laws may apply and what benefits you may be entitled to, email or call Abrams Landau, Ltd. at once (703-796-9555).