Workplace Accident Lawyer in Virginia
If you’ve been injured in a workplace accident in Virginia, you have legal rights and options to pursue compensation. At CHASENBOSCOLO, our experienced workplace accident attorneys understand Virginia’s workers’ compensation system and personal injury laws. We help injured workers manage the claims process, address employer and insurer resistance, and recover the compensation they deserve. With over 39 years of experience, 30+ attorneys, and $750 million recovered for clients since 1986, we’re committed to aggressive representation for workplace injury victims throughout Northern Virginia.
What Constitutes a Workplace Accident in Virginia?
A workplace accident occurs when an employee suffers an injury or illness that arises out of and in the course of employment. Under Virginia law, workplace accidents are broadly defined to include injuries sustained while performing job duties, traveling for work, or at work-related events. According to the Occupational Safety and Health Administration (OSHA), approximately 2.4 incidents per 100 workers experience workplace injuries annually (2023 data), with slip-and-fall accidents accounting for approximately 20% of all workplace injuries.
Virginia’s workers’ compensation system is a no-fault system, meaning injured workers can receive benefits regardless of who caused the accident, as long as the injury occurred during employment. However, this system also limits your ability to sue your employer directly. The key distinction in Virginia workplace injury law involves understanding when you can pursue workers’ compensation benefits versus when you may file a third-party personal injury lawsuit.
Types of Workplace Accidents We Handle
Workplace accidents take many forms across various industries in Northern Virginia. Our attorneys have extensive experience representing workers injured in:
Construction Site Accidents – Falls from heights, scaffold collapses, crane accidents, electrocutions, and struck-by incidents are common in construction accidents. These injuries often result in catastrophic consequences, including spinal cord injuries, traumatic brain injuries, and permanent disability.
Machinery and Equipment Injuries – Workers operating industrial machinery, manufacturing equipment, or power tools face serious injury risks. Defective equipment and inadequate safety guards contribute to these accidents. Lack of proper training compounds the danger. Learn more about defective products and liability.
Slip-and-Fall Incidents – Wet floors, uneven surfaces, inadequate maintenance, and poor lighting create hazardous conditions in warehouses, offices, retail spaces, and other workplaces. These incidents fall under slip and fall premises liability law.
Repetitive Strain and Occupational Diseases – Carpal tunnel syndrome, tendonitis, back injuries, and occupational diseases develop over time through repetitive motions or exposure to harmful substances. These conditions often qualify for workers’ compensation benefits.
Work-Related Vehicle Accidents – Employees injured in vehicle accidents while performing job duties, such as delivery drivers, sales representatives, and service technicians, may pursue both workers’ compensation and third-party claims simultaneously.
Electrocution and Electrical Injuries – Electrical hazards in construction, utilities, and manufacturing can cause severe burns, cardiac injuries, and death. These are among the most serious workplace injuries.
Overexertion Injuries – Lifting, pushing, pulling, and carrying heavy objects without proper equipment or training cause back injuries, shoulder injuries, and other musculoskeletal damage.
Your Rights to Compensation After a Workplace Accident
Virginia workers’ compensation provides injured employees with several types of benefits, regardless of fault. Understanding your rights ensures you receive full compensation for your injuries.
Medical Treatment Coverage – Workers’ compensation covers all reasonable and necessary medical treatment related to your workplace injury, including emergency care, surgery, hospitalization, physical therapy, and ongoing medical management. Your employer’s insurance carrier must pay for approved medical treatment without requiring you to pay out-of-pocket.
Wage Replacement Benefits – If your injury prevents you from working, you’re entitled to temporary disability benefits equal to a percentage of your average weekly wage (typically 66.67% of your pre-injury wages, subject to state maximum limits). If your injury results in permanent disability, you may receive permanent partial disability or permanent total disability benefits.
Vocational Rehabilitation – If you cannot return to your previous job, workers’ compensation may cover vocational rehabilitation services. These services include job retraining and placement assistance to help you return to gainful employment.
Death Benefits – If a workplace accident results in death, the worker’s dependents may receive death benefits, funeral expenses, and ongoing support payments.
Statute of Limitations – In Virginia, you have two years from the date of injury to file a workers’ compensation claim. For occupational diseases, you must file a claim within two years from the date a physician informs you the disease is work-related, or within five years from your last workplace exposure to the hazard that caused the disease, whichever comes first.
Workers’ Compensation vs. Third-Party Claims
Understanding the difference between workers’ compensation and third-party personal injury claims is essential for maximizing your recovery. While workers’ compensation provides no-fault benefits, it also limits your recovery to medical expenses and wage replacement. Third-party claims, by contrast, allow you to pursue damages for pain and suffering, emotional distress, and other non-economic losses.
Workers’ Compensation Claims operate under a no-fault system. You receive benefits regardless of who caused the accident, but you cannot sue your employer. Benefits are limited to medical treatment, wage replacement, and vocational rehabilitation. You cannot recover damages for pain and suffering or punitive damages.
Third-Party Personal Injury Claims arise when someone other than your employer caused or contributed to your injury. This might include a contractor working at your job site, a manufacturer of defective equipment, a property owner who failed to maintain safe conditions, or a driver involved in a work-related vehicle accident. In third-party claims, you can recover all damages, including pain and suffering, emotional distress, and punitive damages in cases involving gross negligence.
Employer Negligence Exceptions – In rare cases where your employer’s gross negligence or intentional misconduct caused your injury, you may pursue a direct lawsuit. These cases are exceptional and require proving conduct beyond ordinary negligence.
Dual Recovery Opportunities – In many workplace accidents, you can pursue both workers’ compensation benefits and a third-party claim simultaneously. For example, if you’re injured by defective equipment at work, you receive workers’ compensation benefits while also suing the equipment manufacturer. This dual recovery approach maximizes your total compensation.
Why You Need a Workplace Accident Lawyer
Handling workplace injury claims without legal representation puts you at a significant disadvantage. Employers and insurance carriers employ sophisticated tactics to minimize or deny claims. An experienced workplace accident lawyer protects your rights and ensures you receive full compensation.
Employer and Insurer Resistance – Insurance companies routinely challenge claims, dispute injury causation, and offer inadequate settlements. They employ adjusters and defense attorneys trained to minimize payouts. Without representation, injured workers often accept settlements far below the true value of their claims.
Complexity of Virginia Law – Workers’ compensation law involves intricate procedural requirements, filing deadlines, and legal standards. Missing a deadline or failing to properly document your claim can result in loss of benefits. Our attorneys ensure compliance with all legal requirements and maximize your claim’s value.
Proper Documentation and Evidence – Building a strong claim requires thorough documentation of your injury, medical treatment, lost wages, and impact on your life. We gather medical records, employment records, witness statements, and expert testimony to support your claim.
Trial Experience and Jury Advocacy – While many claims settle, some require litigation before the Virginia Workers’ Compensation Commission or in civil court. Our attorneys have tried over 500 jury trials in the past five years. This trial experience allows us to present your case effectively before a judge or jury.
Contingency Fee Representation – We represent injured workers on a contingency fee basis, meaning you pay no upfront fees. We only recover a fee if we win your case or secure a settlement. This aligns our interests with yours and ensures we pursue maximum compensation.
CHASENBOSCOLO‘s Credentials and Experience
Our firm offers unparalleled experience and a proven record of success in workplace injury litigation.
With more than 39 years in practice since our founding in 1986, we have represented thousands of injured workers across Maryland, Virginia, and Washington, D.C. Our team of over 30 attorneys includes Super Lawyers, AV Preeminent–rated counsel, and seasoned trial advocates widely recognized for excellence in personal injury law.
Over the years, we have recovered more than $750 million on behalf of injured clients. Our commitment to aggressive advocacy is reflected in more than 500 jury trials conducted over the past five years alone.
Several of our attorneys have earned distinguished honors within the legal profession. Benjamin T. Boscolo (Super Lawyer and Trial Lawyer of the Year), Tom Teodori (Super Lawyer and AV Preeminent), John Everett (Super Lawyer and Trial Lawyer of the Year), and Michael D. Reiter (Super Lawyer) have all been named Super Lawyers, an honor awarded to the top 5% of attorneys in their respective practice areas. Barry M. Chasen and Tom Teodori hold AV Preeminent ratings from Martindale-Hubbell, recognizing the highest levels of legal ability and ethical standards. Learn more about our team.
Tom Teodori, John Everett, and Michael D. Reiter are members of the Million Dollar Advocates Forum, an organization limited to attorneys who have secured verdicts or settlements of $1 million or more. Benjamin T. Boscolo (2015) and John Everett (2019) have each been honored as Maryland Trial Lawyer of the Year. In addition, Mr. Boscolo serves as Dean of the Keenan Trial Institute, where he trains trial lawyers nationwide in advanced advocacy techniques.
Our leadership extends beyond traditional litigation. Benjamin T. Boscolo and Krista DeSmyter serve as Co-Chairs of the NFLPA and PHPA Workers’ Compensation Panels, representing professional athletes in complex workers’ compensation matters.
With a conveniently located Fairfax office, we provide accessible representation for Northern Virginia workers. We are available 24/7 to discuss your case and answer questions about your legal rights. Learn more about why injured workers choose CHASENBOSCOLO for trusted, results-driven representation in workplace injury cases.
Frequently Asked Questions About Workplace Injuries
Can you sue your employer for a workplace accident in Virginia?
In most cases, no. Virginia’s workers’ compensation law provides immunity to employers, meaning you cannot sue your employer for a workplace injury covered by workers’ compensation. However, there are important exceptions. If your employer failed to carry required workers’ compensation insurance, you may pursue a direct lawsuit. Additionally, if a third party—such as a contractor, equipment manufacturer, or property owner—contributed to your injury, you can file a separate personal injury claim against that third party while also receiving workers’ compensation benefits. This dual recovery opportunity is crucial for maximizing your compensation.
What are the most common workplace injuries in Virginia?
According to workplace injury data, the most common injuries include back injuries from overexertion, slip-and-fall accidents, repetitive strain injuries, and construction-related falls. In Northern Virginia’s diverse economy, which encompasses construction, manufacturing, healthcare, and service industries, these injury types account for the majority of workplace accident claims. Each injury type requires specific legal strategies to maximize compensation.
How much compensation can I receive for a workplace injury in Virginia?
Compensation amounts vary based on injury severity, wage history, medical expenses, and whether permanent disability results. Temporary injuries may result in medical coverage and short-term wage replacement. Catastrophic injuries sometimes result in settlements or awards exceeding $1 million. These amounts cover lifetime medical care, lost earning capacity, and pain and suffering. Our attorneys evaluate your specific circumstances to determine the full value of your claim.
Can I file a lawsuit in addition to a workers’ compensation claim?
Yes, in most cases. If a third party contributed to your workplace injury, you can file a personal injury lawsuit against that party while receiving workers’ compensation benefits. However, Virginia law requires that workers’ compensation benefits be credited against any third-party recovery to prevent double recovery. Our attorneys structure claims strategically to maximize your total compensation while complying with Virginia law.
Do I need a lawyer if I was injured at work?
Yes. While you can file a workers’ compensation claim without an attorney, having legal representation significantly increases your recovery. Insurance companies are more likely to offer fair settlements when they know you have experienced counsel. Attorneys identify third-party claims you might otherwise miss, ensure proper documentation, and fight for maximum compensation. The cost of legal representation is typically recovered through increased settlement amounts, making it a worthwhile investment in your financial recovery.
Contact CHASENBOSCOLO for Your Free Consultation
If you’ve been injured in a workplace accident in Virginia, don’t delay seeking legal representation. The statute of limitations for workers’ compensation claims is two years from the date of injury. Contact CHASENBOSCOLO Injury Lawyers today for a free, confidential consultation to discuss your case and learn about your legal options.
Contact us online or call (703) 538-1138.
