Essentially, your friend is correct. When one sustains a work-related injury, unless caused by the negligence of a third party who is not his employer or co-worker, his only recourse for compensation against the employer is through Worker's Compensation benefits.  The Virginia Workers' Compensation Act applies to injuries by accident arising out of and in the course of' an individual's employment. The Supreme Court of Virginia has held that [wlhen an employee sustains such an injury, the Act provides the sole and exclusive remedy available against the employer. The exclusivity provision of the Workers' Compensation Act. Section 65.2-307(A) of the Virginia Code provides that: The rights and remedies herein granted to an employee when his employer and he have accepted the provisions of this title respectively to pay and accept compensation on account of injury or death by accident shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents or next of kin, at common law or otherwise, on account of such injury, loss of service or death. Often, seemingly unjust consequences arise when a person is injured on the job. Recently, a 19-year-old laborer who lost sight in one eye after his supervisor refused his requests for medical treatment following an injury at work was prevented from maintaining a civil action for negligence against his employer for failure to provide him with medical treatment. Ruling that Virginia recognizes no duty to render medical assistance to another, and that the provisions of the Workers' Compensation Act presented the sole means of being compensated for his injury, a Prince William County Circuit judge dismissed the two counts in the young man's $10M lawsuit against his employer. 

Frequently Asked Questions

 


Q:

I was driving my employer's truck out of the company parking lot when a co-worker in another company vehicle suddenly pulled out in front of me. To avoid a collision, I swerved hard and lost control, and crashed the truck into a concrete pylon. It's been several weeks and my back and neck are still killing me. My buddy says since I was injured on the job, I cannot sue the company, but this doesn't seem fair. The Worker's Comp benefits are not very much. Is what my friend told me correct?

A:

Essentially, your friend is correct.

When one sustains a work-related injury, unless caused by the negligence of a third party who is not his employer or co-worker, his only recourse for compensation against the employer is through Worker's Compensation benefits.  The Virginia Workers' Compensation Act applies to injuries by accident "arising out of and in the course of' an individual's employment. The Supreme Court of Virginia has held that "[wlhen an employee sustains such an injury, the Act provides the sole and exclusive remedy available against the employer." The exclusivity provision of the Workers' Compensation Act. Section 65.2-307(A) of the Virginia Code provides that:

"The rights and remedies herein granted to an employee when his employer and he
have accepted the provisions of this title respectively to pay and accept
compensation on account of injury or death by accident shall exclude all other
rights and remedies of such employee, his personal representative, parents,
dependents or next of kin, at common law or otherwise, on account of such injury,
loss of service or death."

Often, seemingly unjust consequences arise when a person is injured on the job. Recently, a 19-year-old laborer who lost sight in one eye after his supervisor refused his requests for medical treatment following an injury at work was prevented from maintaining a civil action for negligence against his employer for failure to provide him with medical treatment. Ruling that Virginia recognizes no duty to render medical assistance to another, and that the provisions of the Workers' Compensation Act presented the sole means of being compensated for his injury, a Prince William County Circuit judge dismissed the two counts in the young man's $10M lawsuit against his employer. 


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