Virginia Code

Va. Code Ann. § 65.2-310 (2026)

Protection of employer when employee sues third party

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

In any action by an employee, his personal representative or other person against any person other than the employer, the court shall, after reasonable notice to the parties and the employer, ascertain the amount of compensation paid and expenses for medical, surgical and hospital attention and supplies, and funeral expenses incurred by the employer under the provisions of this title and deduct therefrom a proportionate share of such amounts as are paid by the plaintiff for reasonable expenses and attorney's fees as provided in § 65.2-311; and, in event of judgment against such person other than the employer, the court shall in its order require that the judgment debtor pay such compensation and expenses of the employer, less said share of expenses and attorney's fees, so ascertained by the court out of the amount of the judgment, so far as sufficient, and the balance, if any, to the judgment creditor.

Code 1950, § 65-39; 1956, c. 534; 1960, c. 89; 1968, c. 660, § 65.1-42; 1991, c. 305; 2004, cc. 914, 941.

Notes of Decisions

Cited in 23 cases (4 in the last 5 years), 1992–2025 · leading case: Yellow Freight Sys., Inc. v. Courtaulds Performance Films, Inc., 580 S.E.2d 812 (Va. 2003).

Sort: Relevance Newest Treatment

Yellow Freight Sys., Inc. v. Courtaulds Performance Films, Inc., 580 S.E.2d 812 (Va. 2003). · cites it 27× “In this appeal, we consider whether the trial court properly ruled that a petition filed under Code § 65.2-310 in a civil action by an employer seeking to enforce subrogation rights for workers’ compensation benefits paid was untimely.”

Hawkins v. Com./southside Va. Training, 497 S.E.2d 839 (Va. 1998). · cites it 17× “Proceeding pursuant to Code § 65.2-310, the employer alleged that it had paid “indemnification benefits” to the plaintiff-employee pursuant to the Act and had “incurred expenses for medical bills arising out of the incident which is the subject of the [pending] action” totalling…”

Liberty Mut. Ins. v. Fisher, 557 S.E.2d 209 (Va. 2002). · cites it 14× “Code § 65.2-310 states: In any action by an employee, his personal representative or other person against any person other than the employer, the court shall, on petition or motion of the employer at any time prior to verdict, ascertain the amount of compensation paid and…”

Michigan Mut. Ins. v. Smoot, 129 F. Supp. 2d 912 (E.D. Va. 2000). · cites it 15× “2d 209, 210, 214 (1942) (indicating that the current reading of Virginia Code § 65.2-310 3 is worded to give an employee the opportunity to obtain one full recovery and to prohibit him from receiving a double recovery for his injuries).”

Naa Lamiley Williams v. Capital Hospice & Companion Prop. & Cas. Ins. Co., 783 S.E.2d 67 (Va. Ct. App. 2016). · cites it 6× “*169 Code § 65.2-310 protects the employer when the employee sues a third party: In any action by an employee, his personal representative or other person against any person other than the employer, the court shall, after reasonable notice to the parties and the employer,…”

Virginia Mun. Grp. Self-Ins. v. Crawford, 66 Va. Cir. 236 (Salem Cir. Ct. 2004). · cites it 15× “A claim against an employer under this title for injury or death benefits shall operate as an assignment to the employer of any right to recover damages which the injured employee, his personal representative, or other person may have against any other party for such injury or…”

Circuit City Stores, Inc. v. Bower, 413 S.E.2d 55 (Va. 1992). · cites it 6× “1-42 (now Code § 65.2-310) seeking reimbursement of compensation and expenses it had paid to Bower and her children.”

Overhead Door Co. of Norfolk v. Lewis, 509 S.E.2d 535 (Va. Ct. App. 1999). · cites it 4× “Under Code § 65.2-310, an employer may petition the court for a lien against the third-party judgment in the amount of compensation and other benefits employer has paid.”

Floyd v. O'Briskie, 33 Va. Cir. 341 (Fairfax Cir. Ct. 1994). · cites it 15× “The plaintiff objects to the motion, asserting that National Union has lost its right to recover by failing to comply with the requirements of Va. Code § 65.2-310. Specifically, Floyd contends that this Code section requires the insurance carrier to petition or to file a motion…”

Henry's Wrecker Serv. Co. v. Smoot, 545 S.E.2d 551 (Va. Ct. App. 2001). · cites it 4× “2-309, Code § 65.2-310 provides, inter alia, that [i]n any action by an employee .”

Michigan Mut. Ins. v. Smoot, 128 F. Supp. 2d 917 (E.D. Va. 2000). · cites it 5× “Va.Code § 65.2-310 (emphasis added). In short, the statute envisions that a carrier will assert its claim in the lawsuit and request that the court order the tortfeasor to reimburse the carrier for benefits the carrier has paid.”

Michigan Mut. Ins. v. Smoot, 149 F. Supp. 2d 229 (E.D. Va. 2001). · cites it 5× “See Va. Code Ann. § 65.2-310 . At the same time, if an employee brings suit and the workers’ compensation benefits exceed the amount awarded in the tort action, the statute enables the employee to repay the compensation carrier and continue to receive compensation benefits over…”

Show all 23 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.