Suing a Trucker’s Employer After An Accident
If you’ve been injured in a trucking accident at work, you may have double claims to recover from your injuries: a workers’ compensation claim to cover your lost ability to work, and a personal injury claim against the truck driver and his trucking company. As a personal injury and workers’ compensation lawyer, we can pursue both claims to maximize your recovery.
Workers’ Compensation and Truck Accidents
In Virginia, the Workers’ Compensation Act is designed to protect employees who become injured or ill related to their employment duties. Workers’ compensation coverage is typically the primary remedy for workers injured in the course and scope of their employment, including those involved in truck-related accidents. Under Virginia Code §65.2-100, an injured employee covered by workers’ compensation has the right to medical treatment, wage replacement benefits, and potentially disability benefits provided by their employer’s insurer, without regard to fault.
Personal Injury Claims and Truck Accidents
In addition to your workers’ comp claim, you can also investigate whether to pursue a personal injury claim against the truck driver and his trucking company, if they were at fault for the accident at work.
Personal injury cases allow for a potentially greater recovery under Virginia law than workers comp. Workers’ compensation benefits are generally limited to medical expenses, a portion of lost wages, and certain benefits tied to permanent or temporary disability. Workers’ compensation does not allow recovery for certain aspects such as pain and suffering or other non-economic losses available under personal injury suits.
Since workers’ comp often represents the exclusive remedy against your direct employer, it is crucial to ascertain whether other third-party claims exist for more comprehensive compensation, particularly if your injuries involved another entity, such as the employer of another driver or trucker involved in your accident – as a personal injury lawyer, we can explore your options.
Can You Sue the Trucker’s Employer in Virginia?
If your work-related injury resulted from the negligence of an employee of a different company (a third party), such as a truck driver who is employed by another entity, you may have the right to pursue a separate personal injury lawsuit against that third party. In other words, while you cannot sue your own employer due to workers’ compensation exclusivity under Virginia Code §65.2-307, nothing prevents you from suing outside parties who contributed to your injury, including the trucker’s employer.
To sue a trucking company in Virginia, you must establish negligence on part of the trucker or trucking company. This means proving the truck driver or their employer failed in their duty to exercise reasonable care on Virginia roads, causing your injuries directly. Examples of actionable negligence could include violations of state and Federal Motor Carrier Safety Regulations, impaired or distracted driving, insufficient training, inadequate truck maintenance, or improper hiring practices (among others).
Also, employers can often be held accountable for the negligent actions of their employees within the scope of employment under the doctrine known as “respondeat superior” (meaning, essentially, “let the employer answer”). Therefore, if you can prove that the trucker’s negligent actions occurred in the course of performing work-related duties for their employer, you likely have strong ground to sue the trucker’s employer in Virginia courts for resulting damages.
Considerations of Suing the Trucking Company
The advantage of a third-party civil suit in this scenario is the broader scope of compensation available. Unlike workers’ compensation, a personal injury lawsuit can provide full recovery for lost income, medical expenses, property damage, and, importantly, pain and suffering and other emotional damages. Given the potential complications of dealing with multiple claims, it’s essential to consider consulting with a workers comp lawyer who can guide you through the complexities of pursuing workers’ compensation and a concurrent third-party lawsuit against the trucker’s employer.
But note, any third-party recovery obtained from a negligent truck driver or their employer may be subject to reimbursement of the workers’ compensation benefits already paid. This is known as a workers’ comp “credit” or lien.
Under Va. Code § 65.2-309 of the Virginia Workers’ Compensation Act, the employee or their lawyer is required to reasonably protect the workers’ compensation insurance carrier or employer’s right to reimbursement in any related third-party settlement. For example, let’s say you settle your workers’ comp case for $500,000, and your personal injury case for $2,000,000. You would have to pay back the workers’ comp carrier a percentage of your settlement (typically, 66%), meaning your total recovery would be about $1,600,000 – still, far greater than had you just settled with workers’ comp.
Contact Our Firm
Pursuing claims against a negligent trucker and their employer adds considerable complexity beyond a standard workers’ compensation case. If you wish to sue trucker’s employer in Virginia, your attorney must demonstrate not only the opposing driver’s negligence but also establish clearly that the driver was acting within the scope of employment and represented their employer’s business interests when the accident occurred.
As an experienced workers comp lawyer in Roanoke, we will thoroughly investigate the accident, documenting and preserving crucial evidence—such as trucking logbooks, employment records, hiring protocols, training programs, and company maintenance records—which can significantly aid your claim. Further, we will effectively negotiate with insurance companies, litigate aggressively when necessary, and ensure you achieve a fair settlement or verdict that ultimately supports your recovery and financial future. Contact us today to discuss your case.