Who Can I Sue for a Construction Work Injury in Virginia?

 Posted on July 28, 2025 in Workers' Compensation

Construction sites are among the most hazardous workplaces in Virginia. Heavy machinery, elevated workspaces, electrical hazards, and multiple contractors operating at once create a high risk for serious injuries. If you were hurt while working at a construction site and a third party was responsible, you may be able to file a personal injury claim. A Woodstock, VA construction injuries attorney can help you explore your options and pursue the compensation you deserve.

What Is a Third-Party Claim For a Workplace Injury in Virginia?

If you are injured on the job, your first source of compensation will likely be workers’ compensation, which typically covers medical treatment and a portion of lost wages. However, Virginia workers’ compensation laws generally prevent employees from suing their employer, even if the employer was negligent.

That is where a third-party claim may come into play. A third-party personal injury claim allows injured workers to pursue compensation from any person or party other than their direct employer. These claims are separate from workers’ compensation and can help you recover full damages, including pain and suffering, which are not covered by workers’ comp. Under Virginia Code § 65.2-309, if a third party is responsible for your injury, you have the right to file a lawsuit against that party while still receiving workers’ compensation benefits.

Potentially Liable Third Parties for Construction Workplace Injuries in Virginia

Construction projects often involve several different companies and contractors working at once. If one of these parties fails to follow safety procedures, and that failure leads to your injury, they may be held legally responsible. Some examples of third parties who could be sued include:

• General contractors or subcontractors: If a contractor other than your employer created a dangerous condition or failed to enforce safety rules, you may have a claim.

• Property owners: When a property owner fails to maintain safe conditions or does not warn of known hazards, they could be held liable under Virginia’s premises liability statute.

• Equipment manufacturers: If you were injured due to a defect in machinery or safety equipment, the manufacturer could be responsible for damages under Virginia’s product liability laws, defined under Virginia Code § 38.2‑5101.

• Architects or engineers: Design flaws or failure to properly supervise construction can also lead to liability.

• Vendors or delivery drivers: Someone who brings materials or equipment to the site and causes an accident can also be sued.

To succeed in a third-party claim, you must prove that the party owed you a duty of care, breached that duty, and that breach caused your injury. This is the basis of a negligence claim under Virginia Code § 8.01-243.

Recoverable Damages From a Personal Injury Claim in Virginia

Unlike workers’ compensation, a third-party personal injury claim allows you to recover non-economic damages in addition to economic losses like wages and medical bills. You can sue for emotional distress, physical pain, and loss of enjoyment of life.

However, keep in mind that Virginia follows a strict contributory negligence rule. This means that if you are found to be even one percent at fault for your injuries, you may be barred from recovering damages altogether. 

Get Your Free Consultation With a Prince William County, VA Personal Injury Attorney Today

The Woodstock, VA personal injury lawyers at Parthemos, Curran, Buelow and Polizzi, PLLC offer aggressive, personal representation and will not take on any case we are not willing to take to court. With over 120 years of combined experience, we confidently handle complex cases that others turn away from. Our clients know us for our responsiveness and strong communication. Call 540-662-4222 to schedule your free consultation. We will walk you through every stage of the legal process.