Construction Site Injuries in Virginia
Whether an injured construction worker in Virginia can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Virginia's workers' compensation law makes workers' comp the exclusive remedy against the employer. On construction jobs, an owner or general contractor that subcontracts work that is part of its trade or business is a 'statutory employer' that must pay workers' comp to a subcontractor's… Va. Code §§ 65.2-307(A), 65.2-302, 65.2-309
| Construction site injuries | Virginia's workers' compensation law makes workers' comp the exclusive remedy against the employer. On construction jobs, an owner or general contractor that subcontracts work that is part of its trade or business is a 'statutory employer' that must pay workers' comp to a subcontractor's injured worker as if it employed the worker. Claims against other parties who caused the injury remain possible, subject to the employer's lien and subrogation rights. |
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| Deadline to sue for an injury | Two years after the cause of action accrues for every action for personal injuries, whatever the legal theory. Source: Va. Code § 8.01-243(A) |
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FAQ
Can you sue for a construction accident in Virginia?
Virginia's workers' compensation law makes workers' comp the exclusive remedy against the employer. On construction jobs, an owner or general contractor that subcontracts work that is part of its trade or business is a 'statutory employer' that must pay workers' comp to a subcontractor's injured worker as if it employed the worker. Claims against other parties who caused the injury remain possible, subject to the employer's lien and subrogation rights.
What is the statute of limitations for personal injury in Virginia?
Two years after the cause of action accrues for every action for personal injuries, whatever the legal theory.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.