Workplace Injury Lawyer in Virginia and West Virginia

Not every workplace injury is covered solely by workers’ compensation. If your injury was caused by someone other than your employer or a co-worker, you may have a third-party personal injury claim.

At The Thomson Law Firm, personal injury attorney Paul Thomson helps injured workers in Roanoke and across Virginia and West Virginia pursue compensation when a third party is responsible for their on-the-job injury. While Paul does not handle workers’ compensation claims, he does represent clients in cases involving negligence by third parties—individuals or companies who do not work for your employer but who caused your injury.

A third-party claim is a personal injury lawsuit filed against someone who is not your employer but is legally responsible for your injury.

Examples of Common Third-Party Work Injury Claims:

• Car Accidents While Working: If you were driving or riding as a passenger for work and were hit by another driver, you may have a claim against that driver of the other vehicle.
• Defective Equipment: If a machine or tool malfunctioned due to a manufacturer’s defect, and you were severely injured, you may have a product liability claim.
• Contractor Negligence: If you work on a job site with multiple contractors and one of them caused your injury, that contractor may be held responsible.
• Unsafe Property Conditions: If you were injured while working on someone else’s property due to poor maintenance or safety violations, the property owner may be liable.
• Delivery Injuries: If you’re a delivery driver and are attacked by a dog or injured by dangerous conditions at a customer’s home or business, you may have a third-party premises liability claim.

Third-party injury claims are separate from workers’ compensation and allow for greater compensation, including:

• Full recovery of lost wages (not just a percentage)
• Pain and suffering, which workers’ comp does not cover
• Past and Future medical expenses
• Punitive damages, in cases of willful or wanton negligence

A knowledgeable personal injury lawyer like Paul Thomson can:

• Investigate the circumstances of your injury
• Identify liable third parties
• Gather critical evidence and expert testimony
• Deal with insurance companies on your behalf
• File and litigate a personal injury claim in civil court, if needed

If you choose not to pursue the third-party claim, the work comp insurer can hire a lawyer and pursue the claim itself. If it does that,  its only goal is to get its money back, not getting money for your pain and suffering or full lost wages.  You also have to cooperate in that lawsuit or you could lose your benefits. It is really a lose/lose situation for you if you don’t pursue the claim with the lawyer you selected.

Your employer/through its work comp insurer, is entitled to be reimbursed out of your third party settlement or verdict.  If you hire an attorney that insurer’s recovery will be reduced by 33 1/3 to 40% for its share of attorney’s fees. So you pay less money back to the insurer, which equals more money in your pocket. If you don’t hire a lawyer, there is no reduction in the amount you have to pay back as you did not incur any legal fees.

With over 30 years of experience fighting for the injured in Virginia, Paul Thomson is committed to ensuring workers harmed by third-party negligence receive the full and fair compensation they deserve. He offers free consultations, so you can understand your legal options without pressure or cost.

If your injury occurred at work but was caused by someone outside your company—don’t assume workers’ comp is your only option. Let us help you explore whether a third-party claim may apply.

If you’ve been injured at work due to someone else’s negligence, contact The Thomson Law Firm in Roanoke, Virginia. Call today or fill out our online contact form to speak directly with Paul Thomson.