I had a car accident years ago because the other driver and I weren’t paying attention. I was the only one hurt. The lawyers I consulted all said I had no case because Virginia is a “pure contributory negligence” jurisdiction -- since my carelessness was a cause of the accident, I was not entitled to any money damages under the law. Does the same rule apply if I suffer a workplace injury caused by my own negligence? Am I entitled to nothing under Virginia’s workers’ comp laws?
Fortunately, the answer is “no.” Negligence concepts have no application in the workers’ compensation context. An injured worker is entitled to full workers’ compensation benefits in Virginia even if the accident was caused by his own negligence. In fact, the same is true even if his carelessness rises to the level of what is known in the law as “gross negligence.”
Since negligence concepts have no application to workers’ comp cases, injured workers should know the rule cuts both ways. If their workplace accidents result from the employer’s negligence, whether simple or gross, workers’ compensation remains their only remedy. Injured workers cannot sue their employers for money damages.
The special rules that apply to Virginia workers’ compensation claims are complex and often counterintuitive. If you are injured at work, don’t assume anything. Speak with an experienced workers’ compensation lawyer for legal advice. The Law Office of Craig A. Brown— representing workers compensation claimants in Prince William, Manassas, Manassas Park, Arlington, Alexandria, Fairfax, Loudoun, Fauquier, Front Royal, Stafford, Culpeper, Fredericksburg, and Spotsylvania.