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The Employer Will Likely File a Plea in Bar and Assert that Workers Comp is Your Only Remedy if You Sue It for Damages from Workplace ViolenceĪ recent event shows how employers use the plea in bar to limit employees to workers compensation benefits for injuries resulting from violence on the job. Let’s look at examples involving lawsuits arising from workplace violence and coworker negligence.
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So, although you will likely be able to proceed with a lawsuit against the defendant driver in a work-related automobile crash, you could have problems in other situations. The Role of the Plea in Bar When Suing Your Employer for Bodily Injury or Bringing a Third-Party Action Against a Business or Person Involved in Your Employer’s TradeĬivil lawsuits seeking damages for work-related injuries often result in the defense filing a plea in bar unless the defendants were “strangers to the work.”
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Generally, your claim is defeated entirely when a court sustains the defendant’s plea in bar. One potential response to your complaint is a preliminary motion called a plea in bar.Ī plea in bar is a defensive pleading that attempts to reduce the litigation to a single issue of fact, which, if proven, bars you from recovering money. So as soon as you file a civil action stating your cause of action and seeking damages for personal injury, the defendant and their insurance company will look for a way to dismiss it.
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Plea in Bar in Civil Litigation in VirginiaĪn Overview of How and When the Defendant May Use Peremptory Pleas to Defeat Your Claimĭefendants in civil litigation know that the only way to guarantee victory is to keep the plaintiff from having their day in court.