When a Virginia employee is hurt in the course and scope of their employment due to some increased risk associated with the work, then a Workers Compensation claim may be filed. Unlike a lawsuit, this does not involve a jury trial, expensive filing fees or a long wait for your "day in court." However, Virginia Comp claims do not cover your physical pain, inconvenience, future raises, earnings capacity, emotional distress, etc. The Virginia Comp Act was designed to be an administrative system covering medical care and partial wage replacement. If the injuries were caused by a negligent "third party" (i.e., not your employer, co-worker, etc.), then you may also be able to bring a lawsuit for many more of the harms and losses. However, in Virginia, the disabled worker must pay back the "IOU" to the employer (or their insurance carrier) in the event of a settlement or verdict. That is why in cases where the injured victim can bring a worker comp claim AND a personal injury case, they are well advised to select an experienced lawyer who regularly (& successfully) represents clients in court in BOTH kinds of cases.
Answered on Feb 19th, 2013 at 12:21 AM