Virginia Workplace Accident Lawyer

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Workplace accidents can leave employees facing not only physical injuries but also significant financial burdens and emotional stress. In Virginia, injured workers have the right to seek compensation for their injuries, which can help cover medical expenses, lost wages, and more. If you or a loved one has been involved in a workplace accident, Kalfus & Nachman PC is here to assist you with experienced legal guidance.

To request a free case review, call (855) 880-8163 or contact us online today.

What is a Workplace Accident?

A workplace accident refers to any unexpected event that causes injury or illness while an individual is performing work-related duties. These incidents can happen in any industry and involve a wide variety of injuries, ranging from minor cuts and bruises to more severe or life-threatening conditions. In Virginia, workplace accidents are typically covered by workers' compensation laws, which aim to provide injured workers with benefits, regardless of who was at fault for the incident.

Workplace accidents can occur due to several factors, including unsafe working conditions, human error, or equipment malfunction. Employers are legally required to provide a safe working environment, and when they fail to do so, employees may face dangerous conditions that increase the likelihood of accidents.

Common Types of Workplace Accidents

Workplace accidents come in many forms, and they can occur in any type of work environment, from construction sites to office spaces. Some of the most common types of workplace accidents include:

• Slip and Fall Accidents: These can occur in any environment, especially when there are hazards such as wet floors, uneven surfaces, or obstructions in walkways.
• Vehicle Accidents: Workers who operate company vehicles or heavy machinery are at risk of being involved in vehicle collisions or accidents related to malfunctioning equipment.
• Machinery Accidents: Construction and industrial workers frequently use heavy machinery, which can lead to serious injuries if the equipment is defective or improperly maintained.
• Falling Objects: In environments where tools or materials are handled at heights, workers may suffer injuries if objects are dropped from above.
• Repetitive Strain Injuries: Employees who perform the same task repeatedly, such as typing, lifting, or using tools, may experience injuries due to repetitive motions or strain over time.
• Exposure to Hazardous Materials: Some industries involve handling dangerous substances like chemicals or toxic materials, which can cause severe illnesses or injuries if proper safety protocols are not followed.
• Fires and Explosions: In certain industries, particularly construction and manufacturing, accidents related to fires, explosions, or electrical malfunctions can result in catastrophic injuries or fatalities.

How to Recover Compensation from a Workplace Accident in Virginia

After a workplace accident, recovering compensation is critical for covering medical expenses, lost wages, and other related costs. In Virginia, injured workers have several options for seeking compensation, depending on the circumstances of the accident and the parties involved.

Workers' Compensation Benefits

The most common way to recover compensation after a workplace accident is through workers' compensation. In Virginia, nearly all employers are required to carry workers' compensation insurance to provide benefits to employees who are injured on the job. 

These benefits may cover:

• Medical Treatment: Workers' compensation covers all necessary medical treatment related to the workplace injury, including doctor visits, surgeries, physical therapy, and prescription medications.
• Lost Wages: If your injury prevents you from working, workers' compensation provides wage replacement benefits. Typically, these benefits amount to two-thirds of your average weekly wage, up to a state-mandated limit.
• Temporary and Permanent Disability Benefits: If your injury results in a temporary or permanent disability, you may be entitled to additional compensation to reflect your reduced earning capacity or the permanent nature of your impairment.

To receive workers' compensation, you must report your injury to your employer as soon as possible, and file a claim with the Virginia Workers' Compensation Commission. It is important to follow these steps promptly to ensure that your claim is not denied or delayed.

Third-Party Claims

While workers' compensation provides benefits regardless of fault, there are situations where an injured worker can file a third-party claim in addition to their workers' compensation benefits. A third-party claim is filed against someone other than your employer, such as a contractor, equipment manufacturer, or another individual whose negligence contributed to the accident.

For example, if a piece of defective machinery caused your injury, you may be able to file a product liability lawsuit against the manufacturer. In this case, a successful third-party claim could provide compensation for damages that are not fully covered by workers' compensation, such as pain and suffering, or full wage replacement beyond the limits of workers' comp.

Filing a Personal Injury Lawsuit

In certain rare cases, an injured worker may be able to sue their employer directly for damages. This typically only occurs when the employer’s actions were intentionally harmful or grossly negligent. Filing a personal injury lawsuit can result in a broader range of compensation, including damages for pain and suffering, emotional distress, and other non-economic losses.

Why You Need a Virginia Workplace Accident Lawyer

Navigating the legal landscape after a workplace accident can be challenging, particularly when trying to recover the compensation you deserve. The workers' compensation system is designed to help injured workers, but it can still involve complex paperwork, deadlines, and potential disputes with insurance companies or employers.

At Kalfus & Nachman PC, we have extensive experience handling workplace accident cases throughout Virginia. Our team can help you:

• File Workers' Compensation Claims: We ensure that all necessary paperwork is submitted correctly and on time, and we represent you in any disputes or hearings that may arise.
• Pursue Third-Party Claims: If someone other than your employer was responsible for your injuries, we can help you file a lawsuit to seek additional compensation.
• Maximize Your Compensation: We work tirelessly to help you recover the maximum compensation available under the law, whether through workers' compensation benefits, third-party claims, or a personal injury lawsuit.

Contact us today at (855) 880-8163 to schedule a free consultation.