What is a Third-Party Claim?

A third-party claim in Virginia’s Workers Compensation Law is a legal action that an injured worker may take in addition to his or her workers’ compensation claim against a third party, such as a contractor, subcontractor, property owner, or manufacturer, who is liable for the worker’s injuries. For example, if a worker who is employed by Company A is injured on property owned by Company B, the worker may bring a third-party claim against Company B. The injured worker must prove several elements to win the case, including that the third party’s negligence caused the worker’s injuries and that there is sufficient evidence of fault or liability to satisfy the court. These claims are handled differently than a workers’ compensation claim in that they involve the traditional burden of proof, higher damages, and the possibility of punitive damages. A successful third-party claim can result in significantly more compensation for the injured worker than a workers’ compensation claim and may include damages for medical expenses, lost wages, pain and suffering, and other losses. These claims can be more difficult to win in Virginia due to the state’s contributory negligence doctrine, which prevents an injured worker from recovering damages if their negligence contributed to their injury in any way.

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