Firefighters rescued a construction worker yesterday around 3:50 p.m., after he was struck in the head with a pipe and became trapped in a 14 foot-deep trench, The Virginian-Pilot reports.  The accident happened at the intersection of Crimson Holly Lane and Lynnhaven Parkway in Virginia Beach. 

The man was hoisted out of the ditch with a wire basket and haul system by the Fire Department's Technical Rescue Team.  The rescue took 20 to 30 minutes. 

The worker was taken to the hospital for head and leg injuries which were not life threatening. 

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In Virginia, an employee does not have the right to file a lawsuit against their employer if they are injured on the job. However, an employee can file a workers' compensation claim.  The Virginia workers' compensation system is designed to protect the employer and the employee, therefore both sides must compromise. 

A workers' compensation claim can be filed if an employee is injured at work, even if they were injured because of their own negligence.  Workers' compensation claims do not take negligence into account. Of course injuries involving intoxication on the job, substance abuse, or any other misconduct prohibited in the company's policies are not covered in most cases.  

With this system, your employer does not have to face uncertain damages they would otherwise face in a lawsuit. In return, the injured employee does not have to depend on a jury/verdict to determine if they are to be compensated or not.

Although you cannot sue your employer, if you were hurt on the job by a third party you may file a claim against that third party if they are at fault.  More specifically, if you are hurt on the job other than at the negligence of your employer, another employee, or a company that works closely with your employer, you can file a personal injury claim. 

For example, you are driving a company owned vehicle for work and are involved in a traffic accident.  You are badly injured and the other driver is found to be at fault for the accident.  1) You are allowed to file a worker's compensation claim with your employer for being hurt while on the job. 2) You have the option of filing a personal injury claim against the other driver who caused the accident and your injuries. 

Another example involves construction sites.  Usually, a construction site is made up of many different independent contractors.  If you were seriously injured on the job at the negligence of someone other then your employer, or one of his employees, you may be able to file a lawsuit against the negligent third-party. 

Each type of claim has it's own determining factors as each situation/accident is unique. If you have been hurt while at work, the first thing that you should do is seek medical attention for your injuries.  You should also be sure to notify your employer and make sure that the accident is documented.