According to Virginia’s statute of limitations for personal injury claims based on negligence, you have two years from the date of your accident to file a lawsuit in court, seeking damages. Failure to have an attorney file suit for you within that time means you risk losing your rights to pursue compensation.
In general, when a worker is injured on the job, the workers' compensation system is designed to provide a no-fault insurance system that covers medical expenses and lost wages. Workers' compensation is intended to be the exclusive remedy for workplace injuries, and employees usually can’t sue their employers for negligence.
However, there are exceptions where you may be able to pursue legal action beyond workers' compensation.
Here are some scenarios in which you might sue:
Third-party liability: If someone other than your employer or a co-worker caused or contributed to your workplace injury, you may have the right to sue that third party. For example, if you were injured by defective equipment or a subcontractor's negligence on a construction site, you might have a third-party claim.
Intentional harm: If your employer intentionally caused your injury, you may have grounds for a lawsuit. This is a high standard to meet, and it typically involves proving that your employer deliberately intended to cause harm.
Failure to carry workers' compensation insurance: If your employer is required to carry workers' compensation insurance but fails to do so, you may be able to sue them in a civil court for your injuries.
Toxic substances: If your injury or illness results from exposure to toxic substances in the workplace, you might have a claim against the manufacturer or supplier of the hazardous materials.
Defective products: If a defective product or machinery caused your injury, you may have a product liability claim against the manufacturer or distributor of that product.
A personal injury attorney can assess the specific circumstances of your case and help you determine whether there are grounds for legal action beyond workers' compensation.