It depends. The biggest deadline is usually 2 years from the injury date, and filing workers' comp did not automatically ruin a third-party case.

In Virginia, workers' comp is usually the employee's exclusive remedy against the employer. So if your employee was hurt on the job and your business is covered by the Virginia Workers' Compensation Act, they typically cannot sue your company for ordinary negligence. That is the exclusive remedy defense.

But that protection does not usually extend to a third party.

If the crash in Lynchburg happened because, for example, a driver slid on black ice on U.S. 29 or the Lynchburg Expressway and hit your employee's work vehicle, your employee may have two claims at once:

• a workers' comp claim for medical care and wage loss
• a personal injury claim against the at-fault driver, vehicle owner, contractor, or manufacturer

That dual-track setup is common in Virginia.

The workers' comp side goes through the Virginia Workers' Compensation Commission. The employee generally must give notice within 30 days and file the claim within 2 years. A third-party injury lawsuit is also usually subject to Virginia's 2-year personal injury statute of limitations.

What filing comp changes is mostly who gets paid back. If comp benefits were paid, the employer or its insurance carrier may have a lien/subrogation interest against any third-party recovery under Virginia law. That can affect settlement money, but it does not mean the lawsuit is barred.

What would matter is who caused the injury. If it was only your company's own unsafe practice, workers' comp may be the only path. If a negligent outside driver, salt truck contractor, equipment maker, or property owner contributed, a separate lawsuit may still be alive.