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I got hurt because of faulty or defective equipment at work. Can I bring a lawsuit against the company that made or sold the part even if I am receiving workers’ compensation payments?

The answer may be yes if the injury was caused by the faulty or defective equipment or if the equipment became defective and dangerous because of something the product manufacturer, distributor or seller did to it. In other words, if the injury was caused by the negligence or malfeasence of another company rather than by your own employer, you can file injury claims against that other company.In certain cases you can receive workers’ compensation benefits from your employer and bring a separate negligence action against a third pary besides your employer, but read this entire list of FAQs to understand how workers’ compensation claims differ from negligence claims and lawsuits in Virginia, North Carolina and beyond.

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Does the Feres Doctrine apply to members of my family?

The Feres Doctrine prevents family members from filing claims on behalf of active duty military members but the Doctrine does not extend to family members injured in a federal hospital or other setting. For example, if a loved one has surgery at a military hospital and gets injured due to medical negligence, the loved one can file a claim as long as they’re not active duty military.  Various rules and deadlines apply so seek immediate legal advice from a personal injury attorney familiar with such claims. 
About the editors: The motto at Shapiro, Washburn & Sharp& Duffan law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.

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