People's Justice

Virginia · Work site injury: what can I do?

Work site injury: what can I do?

See If You Qualify

Free · No obligation · About 2 minutes

Updated

01 · Your filing deadline

What is the deadline in Virginia?

Virginia: 2 years from injury for civil lawsuits; workers' comp employer notice within 30 days; formal claim within 2 years A lawyer can confirm yours.

2 years (civil lawsuit); report to workers' comp within 30 days

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Virginia applies contributory negligence — any worker fault bars recovery — making OSHA violation evidence establishing sole contractor negligence essential; Virginia construction workers have 2 years to file civil lawsuits and federal OSHA governs most construction sites

Virginia applies pure contributory negligence — like Alabama, Maryland, and North Carolina, Virginia bars any recovery if the worker is even 1% at fault. This makes establishing clear, exclusive contractor negligence through OSHA citations and safety documentation essential. Virginia has a partial state OSHA plan (VOSH — Virginia Occupational Safety and Health) that covers public sector employers; federal OSHA governs private sector construction. Richmond, Northern Virginia (Arlington, Fairfax, Alexandria), and the Hampton Roads area are the primary construction markets. Virginia Circuit Courts handle civil construction accident claims.

How this works nationally

For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Virginia? Read what applies in your state.

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