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If you were injured at work due to a defective machine or equipment, you may be entitled to more than just workers’ compensation benefits. At The Law Offices of Mark T. Hurt, we help injured workers across Virginia recover full compensation—not only through their Virginia workers’ compensation claims but also by pursuing third-party product liability lawsuits against negligent manufacturers and distributors. In fact, we have successfully recovered millions for our clients in these types of cases.

We offer a free case evaluation and consultation so that you can determine if we are the best product injury lawyer for your case. We advance all litigation costs, and you pay nothing unless we recover compensation for you. Call us today at 276-290-2057 to schedule a free consultation with an experienced Virginia product liability attorney and learn about your rights and potential claims.

Why Consider a Third-Party Product Liability Claim After a Workplace Injury?

Most injured workers are aware of their right to file a workers’ compensation claim to cover medical treatment and a portion of lost wages. However, if your injury was caused by a defective machine, tool, or piece of equipment, you may also be entitled to file a third-party lawsuit for additional compensation—including for pain and suffering, future lost earnings, and other damages not available under Virginia workers’ compensation.

At The Law Offices of Mark T. Hurt, we investigate every case to determine whether a defective product or the negligence of a third party contributed to a worker’s injury. If so, we can pursue both a workers’ compensation claim and a personal injury lawsuit on your behalf.

$1.35 Million & $5 Million Recovered for Injured Workers in Product Liability Cases Involving Defective Machinery

We recently obtained a $1.35 million settlement in a product liability case for a Virginia worker injured by a defective machine. Not only did we handle his Virginia workers’ compensation claim, we also successfully litigated a third-party claim against the machine manufacturer.

In another case, we recovered $5 million for a client injured on the job due to a defective piece of equipment. That claim also originated from a workers’ compensation case, but our thorough investigation uncovered additional liability, leading to a substantial settlement.

These results show what is possible when an experienced Virginia workers’ compensation lawyer also explores third-party liability claims.

What Types of Defective Machines Can Lead to a Third-Party Product Liability Case?

As a product liability law firm that has been successfully representing Virginia residents for over three decades, we are available to handle nearly all types of defective machinery and equipment claims, including:

  • Forklifts or warehouse machinery with defective brakes or controls
  • Presses, conveyor belts, or assembly line equipment lacking proper safeguards
  • Power tools or saws with missing safety features
  • Ladders and scaffolding that collapse or break
  • Construction equipment with faulty design or manufacturing flaws

If any equipment failure led to your workplace injury, you may be entitled to significantly more compensation than workers’ comp alone provides.

What is the Difference Between a Virginia Workers’ Comp Claim and a Product Liability Lawsuit?

Workers’ compensation is a no-fault system—you can receive benefits even if no one was to blame for the accident. However, these benefits are limited. In contrast, a third-party product liability lawsuit requires proving fault (such as negligence or a defective product), but it allows for full compensation of all your damages.

Here’s a quick comparison:

Benefit Workers’ Compensation Product Liability Claim
Medical bills
Lost wages ✅ (Partial) ✅ (Full)
Pain & suffering
Future lost earnings ❌ (limited payment for permanent injuries)
Punitive damages ✅ (if gross negligence or reckless conduct)

Can I Still File a Product Liability Lawsuit If I’m Receiving Workers’ Compensation?

Yes. Under Virginia law, injured workers can pursue both workers’ compensation and a separate personal injury claim against a third party responsible for the injury. This means you can continue receiving your workers’ comp benefits while we file suit against a negligent manufacturer or distributor.

However, these cases are complex and must be handled strategically to protect your rights and avoid conflicts between the two claims. Our firm has decades of experience coordinating both types of claims to seek the maximum recovery for our clients.

How Do I Know If I Have a Third-Party Claim?

Some signs that a third-party claim may be possible include:

  • A machine or tool malfunctioned during use
  • You were injured by equipment without proper safety warnings or features
  • You were using a product as instructed, but it still caused injury
  • Other workers have reported issues with the same equipment

Even if you’re unsure, it’s critical to have your case reviewed by an experienced Virginia workers’ compensation attorney for third-party claims. We can examine the equipment involved, consult with engineers, and determine whether a lawsuit is potentially viable.

What Compensation Can Be Recovered in a Product Liability Claim?

In addition to the benefits provided by Virginia workers’ compensation, a successful product liability claim can result in compensation for:

  • Pain and suffering
  • Emotional distress
  • Full lost wages
  • Loss of future earning potential
  • Medical expenses not covered by workers’ comp
  • Punitive damages (in egregious cases)

FAQ: Virginia Product Liability & Workers’ Comp Claims

Can I sue my employer for the defective machine?

No. Under Virginia law, you typically cannot sue your employer directly for a work injury arising from a defective product. However, if a third party (such as the machine manufacturer) is at fault, you can bring a separate lawsuit against them.

Do I need a Virginia product liability lawyer for third-party claims?

Absolutely. Pursuing both claims requires experience and knowledge of how the two systems (workers’ compensation and personal injury claims) interact. At our firm, we have the resources to handle both the workers’ compensation process and complex third-party litigation—ensuring your rights are protected at every step.

How long do I have to file a third-party claim in Virginia?

Virginia generally allows two years from the date of injury to file a personal injury lawsuit, including product liability claims. However, workers’ compensation claims may have shorter notice requirements, so it’s important to speak with a lawyer as soon as possible.

What does it cost to hire The Law Offices of Mark T. Hurt?

We represent clients on a contingency fee basis—you don’t pay anything unless we recover compensation for you. We also offer free consultations, so you can get answers without any risk or obligation.

Get the Compensation You Deserve. Schedule A Free Consultation With An Experienced Virginia Product Liability Lawyer Today.

If you were injured by a defective machine or product while at work, you may be entitled to much more than just workers’ compensation benefits. Let us fight for the full recovery you deserve.

Call 276-290-2057 today to schedule a free consultation with an experienced Virginia workers’ compensation lawyer for third-party claims.

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Client Review

“Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was SIX TIMES more than the offer my first lawyer tried to get me to take.”

- Jerry C.

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