Hurt at a Virginia Factory or Warehouse? Why Workers' Comp May Not Be Your Only Option

 Posted on March 11, 2026 in Workers' Compensation

If you got hurt at a factory or warehouse job in 2026, workers’ compensation was probably the first thing that came to mind. That makes sense. But many injured workers don’t know that workers’ compensation may not be their only option. Depending on what caused your injury, a Northern Virginia personal injury attorney may be able to help you get more than workers’ compensation alone can pay.

What Does Virginia Workers’ Compensation Cover?

The Virginia Workers’ Compensation Act requires most employers to carry workers’ compensation insurance under Virginia Code § 65.2-800. If you are hurt on the job, it can pay your medical bills, replace a portion of your lost wages if you miss more than seven days of work (usually two-thirds of your weekly pay), and provide benefits if you are left with a lasting disability. If a worker is killed on the job, it can also provide death benefits for the family.

Workers’ comp is a no-fault system. That means you can get benefits whether or not your employer did anything wrong. The trade-off is that you generally cannot sue your employer for pain and suffering or full lost wages.

Can You Sue Someone Other Than Your Employer for a Virginia Work Accident?

Workers’ compensation only protects your employer from being sued. If someone else’s carelessness caused your injury, you may be able to file a third-party claim, which is a personal injury lawsuit against the person or company at fault.

In factories and warehouses, this comes up more than you might think. For example, if a forklift or conveyor belt were defective, the manufacturer may be liable. If an outside contractor doing repairs caused your accident, you may be able to sue that contractor directly. If a supplier sent mislabeled or dangerous chemicals that harmed you, they could be held responsible. And if you were hit by a delivery truck near a loading dock, the driver and their employer may owe you compensation.

According to the U.S. Bureau of Labor Statistics, transportation and warehousing recorded nearly 4.5 injuries per 10,000 workers in recent years, nearly double the private industry average of 2.4. If you are at higher risk of a work accident, knowing all your legal options could be very important one day.

What Can a Lawsuit Get You That Workers’ Compensation Cannot?

Workers’ compensation covers part of your wages and your medical bills, but it leaves a lot on the table. A personal injury lawsuit can get you your full lost wages, not just two-thirds. It can also pay for pain and suffering, emotional distress, and future medical costs, none of which workers’ comp covers.

For someone with a serious factory injury, that difference in compensation can be significant. In many cases, you can pursue both a workers’ comp claim and a personal injury lawsuit at the same time. Note that if you settle a third-party claim, you will likely need to pay back any workers’ comp benefits you already received. An attorney can help you handle this.

What Steps Should You Take After a Workplace Injury in Northern Virginia?

What you do right after a factory or warehouse injury can affect how much you recover. Here are the most important steps:

• Report your injury right away. Virginia law requires you to tell your employer within 30 days.
• Document everything. Take photos of the scene and your injuries. Save all medical records and pay stubs.
• Do not let the equipment be fixed or removed without being inspected. If a machine caused your injury, an attorney may need to have it looked at.
• Talk to a lawyer before you settle. Insurance companies often pressure injured people into settling quickly. A lawyer can help make sure you don’t accept less than you deserve.

Even if you already filed a workers’ compensation claim, talk to our attorneys and explore whether a third-party case may be an option for you as well. Consultations are free and no pressure.

Schedule a Free Consultation with a Prince William County, VA Third-Party Work Accident Lawsuit Attorney

A factory or warehouse injury can change your life, and workers’ compensation alone may not be enough to help you recover. At Parthemos, Curran, Buelow and Polizzi, PLLC, our team has more than 120 years of combined experience and takes on complex cases that other firms won’t touch.

We offer aggressive, personal representation and only take cases we are ready to fight for in court. We keep our clients informed every step of the way. Call us today for a free consultation. Reach our Northern Virginia, VA workers’ compensation lawyer at 540-662-4222.