The purpose of the Virginia Workmen's Compensation Act is to provide compensation to an employee disabled by an accident arising out of and in the course of his employment. Under the Act, both the employer and employee gain and lose certain advantages. In exchange for his tort cause of action, the employee gets the benefit of certain recovery without the expense and delay normally attached to personal injury actions. The employer is no longer liable in a negligence action with its prospect of a sizeable jury award, but he loses the benefit of the fellow-servant rule and the defense of contributory negligence.
Workmen's Compensation: Third Party Action Against a Virginia Employer in Tort,
U. Rich. L. Rev.
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