Legal Question in Workers Comp in Virginia
Workers Comp-Exlusive Remedy
Synopsis: Employee (employee) was driving employer's construction truck when a truck (driver), coming from the opposite direction, went left of center and ran employee of the road resulting in an accident causing employee's death. However, the driver that ran employee off the road was also employed by the same company and driving employer's construction truck. Both employee and driver were working at the time of the accident, so ''to and from work'' does not apply, and the employee is eligible for workers compensation from the employer. Exclusive remedy (Virginia Code Section 65.2-307)prohibits any action to be taken against the driver.
Question: Is there any way a claim can be made against the driver, possibly outside of workers compensation?
Also, the accident happened in West Virginia, however, the employee, the driver, and the employer are all from Virginia. We are filing in Virginia, should we been in West Virginia? With the accident being in West Virginia, is there a new claim that could be made there?
1 Answer from Attorneys
Re: Workers Comp-Exlusive Remedy
Dear Sir:
From the facts your describe, workers comp may be the exclusive remedy. I guess a possibility may be that the other driver did an act that was outside the employment such that it was a deviation from the employment. Thus, for example, if an employee comes to work one day and shoots a fellow employee, this would not be covered by workers comp unless the reason for the shooting arose out of the work context. I can be reached at 1-800-256-8862 or 1-804-358-4766. Certainly, the facts would have to carefully investigated to find out if there is any deviation from the employment or did the accident just occur due to simple negligence on the part of the other driver.
Gerald G. Lutkenhaus
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
