Virginia Construction Accident Lawyer
After a worksite injury, the company on your paycheck may be only one of several businesses involved. A Virginia construction accident lawyer can determine whether a business outside your employment relationship may be legally responsible. Gray Broughton investigates third-party claims involving unsafe work areas, vehicles and equipment, while accounting for workers’ compensation rules that can limit who you can sue for the same injury.
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The first question is who performed the work that caused your injury and how that work fit into the project. Different company names don’t necessarily mean separate liability. We review contracts, job duties and the incident itself before identifying a potential defendant. Request a free consultation to find out whether a third-party claim is worth investigating.
Can you sue beyond workers’ compensation?
Sometimes. For an injury covered by Virginia’s Workers’ Compensation Act, workers’ compensation generally replaces a civil injury suit against the employer. That protection can extend to statutory employers and others performing the same business or project work.
That makes a subcontractor’s role important. Another employer’s crew is not automatically a third party you can sue. In Stone v. Door-Man Manufacturing, the court examined whether the defendants were strangers to the business of the injured worker’s employer. The work actually performed, not just the contract’s label, drives that analysis.
Where a third-party claim may arise
Vehicles entering the site
A driver may injure a worker while making a delivery or traveling through a work zone. The driver’s task and relationship to the project help determine whether a civil claim is available.
Equipment that fails
If a lift, tool or component fails, we may need to investigate its manufacturer or supplier. Preserve the equipment’s identity, condition and maintenance history before repair or disposal changes the evidence.
Unsafe premises
An owner outside the employment relationship may be responsible for a dangerous property condition. Control of the area, notice of the hazard and the reason you were there all matter.
Work by a separate business
A contractor whose work falls outside the protected employment relationship may face a claim for causing an injury. We examine that threshold before treating a crane operator, maintenance company or other contractor as a defendant.
Preserve the site and the work history
A worksite can change before you leave the hospital. Tell us about photographs, witnesses and equipment while those details are available. We look for:
- The general contract, subcontracts and delivery or service agreements.
- Daily reports, crew assignments and incident reports.
- Photographs of openings, platforms, access routes and barriers.
- Equipment serial numbers, inspection records and repair logs.
- Training records, instructions and communications about the task.
Keep your own messages and documents intact. Don’t retrieve evidence by entering a restricted area or operating damaged equipment. A witness’s name and the location of a camera can be useful even when you have no photographs.
What must the civil case prove?
The evidence must show a duty owed to you, a breach of that duty, a link between that breach and your injury, and harm the law compensates. A serious accident alone does not establish negligence. Product and property claims may require different proof from a claim against a careless driver.
Virginia’s contributory-negligence rule can bar recovery in a negligence case if the defense proves your own negligence helped cause the injury. We examine the instructions, equipment and conditions you faced before accepting an insurer’s account of fault.
Coordinate the recovery with your benefits
A civil claim may seek proven medical expenses, lost income, reduced earning capacity and pain. It is not simply an additional payment on top of every workers’ compensation benefit.
Virginia law creates an employer’s lien against qualifying third-party recoveries. We address reimbursement, fees and the effect on future benefits before settlement. If you already have a workers’ compensation lawyer, tell us so we can coordinate the claims.
Keep the separate deadlines in view
A third-party personal-injury lawsuit generally must be filed within two years after accrual, subject to exceptions. Reporting an accident to your supervisor does not file that lawsuit.
Workers’ compensation has separate requirements. Written notice to the employer is generally required immediately or as soon as practicable, with a 30-day limit subject to statutory exceptions. A compensation claim generally must be filed with the Commission within two years of the accident. Don’t assume an employer’s report protects every deadline.
Talk through who was involved
You don’t need the entire contract chain before calling. Start with where you worked, who paid you and what caused the injury. Our veteran-led trial firm can review the third-party issues and explain the next step. Call 804-669-9899 for a free consultation.
Recent Case Results
A worksite claim depends on both the cause of the injury and the legal relationship between the businesses involved.
$10,000,000
Gray Broughton represented a seven-year-old boy who suffered a traumatic brain injury and lost his right leg above the knee after his family’s car was rear-ended by a pick-up truck hauling a utility trailer. Gray Broughton was able to settle his case for $10,000,000 shortly after filing suit. The client’s net proceeds were structured to ensure that he can be compensated for life. He is a tremendous young man who has overcome daunting odds. We wish him all the best for his future.
$1,250,000
Gray Broughton represented an attorney who suffered a traumatic brain injury after his car was struck by a commercial vehicle. After missing a year of work and undergoing intensive therapy, he was able to make a full recovery and return to work. Gray Broughton was able to settle his case for $1,250,000 shortly before depositions.
$750,000.
Gray Broughton represented an 83-year-old woman who slipped and fell on a restaurant floor. The fall broke her right shoulder in three places; it also broke her right hip. Through his investigation, Gray Broughton was able to prove that the restaurant had not been mopping its floors properly and knew that its floors were abnormally slick. Gray Broughton settled her case two months before trial for $750,000.
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Important: This page provides general information only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Outcomes vary based on the specific facts of each case.
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Frequently asked questions
That requires a closer look. The contractor may share workers’ compensation immunity if it was performing protected work within the same project or business. Being employed by a different company does not, by itself, mean you can sue that company.
No. A safety investigation and a civil damages claim answer different questions. We still need to identify a defendant you can sue, the duty that applied and how the conduct caused your injury. Inspection findings need legal review before they can be used in a lawsuit.
Bring the incident report if you have it, photographs, your employer’s name and any letters from insurers. Medical records and work restrictions are helpful. Missing paperwork shouldn’t stop you from asking us whether your situation warrants a third-party investigation.