{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-310.html"}],"law_id":80584,"edition_id":1,"section_id":80584,"structure_id":14058,"section_number":"65.2-310","catch_line":"Protection of employer when employee sues third party","history":"Code 1950, \u00a7 65-39; 1956, c. 534; 1960, c. 89; 1968, c. 660, \u00a7 65.1-42; 1991, c. 305; 2004, cc. 914, 941.","full_text":"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 \u00a7 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.","order_by":null,"text":{"0":{"id":288813,"text":"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 \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14058,"edition_id":1,"name":"Application and Effect of Title","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:46:44","date_modified":"2026-06-26 03:46:44","permalink":{"id":276285,"object_type":"structure","relational_id":14058,"identifier":"3","token":"65.2\/3","url":"\/65.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66375,"structure_id":14058,"section_number":"65.2-300","catch_line":"Presumption of acceptance of provisions of title; exemptions; notice and rejection","url":"\/65.2-300\/","token":"65.2\/3\/65.2-300","metadata":false},{"id":67062,"structure_id":14058,"section_number":"65.2-301","catch_line":"Victims of sexual assault","url":"\/65.2-301\/","token":"65.2\/3\/65.2-301","metadata":false},{"id":73641,"structure_id":14058,"section_number":"65.2-301.1","catch_line":"Public safety officers","url":"\/65.2-301.1\/","token":"65.2\/3\/65.2-301.1","metadata":false},{"id":67137,"structure_id":14058,"section_number":"65.2-301.2","catch_line":"Employee classification; disaster; personal protective equipment not considered","url":"\/65.2-301.2\/","token":"65.2\/3\/65.2-301.2","metadata":false},{"id":77702,"structure_id":14058,"section_number":"65.2-302","catch_line":"Statutory employer","url":"\/65.2-302\/","token":"65.2\/3\/65.2-302","metadata":false},{"id":65088,"structure_id":14058,"section_number":"65.2-303","catch_line":"Recovery from subcontractor; proceedings against owner or contractor","url":"\/65.2-303\/","token":"65.2\/3\/65.2-303","metadata":false},{"id":80625,"structure_id":14058,"section_number":"65.2-304","catch_line":"Indemnity of principal from subcontractor","url":"\/65.2-304\/","token":"65.2\/3\/65.2-304","metadata":false},{"id":77522,"structure_id":14058,"section_number":"65.2-305","catch_line":"Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer","url":"\/65.2-305\/","token":"65.2\/3\/65.2-305","metadata":false},{"id":80715,"structure_id":14058,"section_number":"65.2-306","catch_line":"When compensation not allowed for injury or death; burden of proof","url":"\/65.2-306\/","token":"65.2\/3\/65.2-306","metadata":false},{"id":55160,"structure_id":14058,"section_number":"65.2-307","catch_line":"Employee's rights under Act exclude all others; exception","url":"\/65.2-307\/","token":"65.2\/3\/65.2-307","metadata":false},{"id":73961,"structure_id":14058,"section_number":"65.2-308","catch_line":"Discharge of employee for exercising rights prohibited; civil action; relief","url":"\/65.2-308\/","token":"65.2\/3\/65.2-308","metadata":false},{"id":86684,"structure_id":14058,"section_number":"65.2-309","catch_line":"Lien against settlement proceeds or verdict in third party suit; subrogation of employer to employee's rights against third parties; evidence; recovery; compromise","url":"\/65.2-309\/","token":"65.2\/3\/65.2-309","metadata":false},{"id":80132,"structure_id":14058,"section_number":"65.2-309.1","catch_line":"Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer","url":"\/65.2-309.1\/","token":"65.2\/3\/65.2-309.1","metadata":false},{"id":80584,"structure_id":14058,"section_number":"65.2-310","catch_line":"Protection of employer when employee sues third party","url":"\/65.2-310\/","token":"65.2\/3\/65.2-310","metadata":false},{"id":84625,"structure_id":14058,"section_number":"65.2-311","catch_line":"Expenses and attorney's fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-311\/","token":"65.2\/3\/65.2-311","metadata":false},{"id":55604,"structure_id":14058,"section_number":"65.2-312","catch_line":"False statements, representations, etc., in connection with an award; penalties","url":"\/65.2-312\/","token":"65.2\/3\/65.2-312","metadata":false},{"id":66572,"structure_id":14058,"section_number":"65.2-313","catch_line":"Method of determining employer's offset in event of recovery under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-313\/","token":"65.2\/3\/65.2-313","metadata":false}],"previous_section":{"id":80132,"structure_id":14058,"section_number":"65.2-309.1","catch_line":"Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer","url":"\/65.2-309.1\/","token":"65.2\/3\/65.2-309.1","metadata":false},"next_section":{"id":84625,"structure_id":14058,"section_number":"65.2-311","catch_line":"Expenses and attorney's fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-311\/","token":"65.2\/3\/65.2-311","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-310\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 534; in 1960, chapter 89; in 1968, chapter 660; in 1991, chapter 305; in 2004, chapters 914<\/a> and 941<\/a>.<\/p>","references":[{"id":66572,"section_number":"65.2-313","catch_line":"Method of determining employer's offset in event of recovery under \u00a7 65.2-309 or \u00a7 65.2-310","order_by":null,"url":"\/65.2-313\/"}],"refers_to":[{"id":84625,"section_number":"65.2-311","catch_line":"Expenses and attorney's fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","order_by":null,"url":"\/65.2-311\/"}],"permalink":{"id":276339,"object_type":"law","relational_id":80584,"identifier":"65.2-310","token":"65.2\/3\/65.2-310","url":"\/65.2-310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-310\/","token":"65.2\/3\/65.2-310","dublin_core":{"Title":"Protection of employer when employee sues third party","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any action by an employee, his personal representative or other person against any person other than the employer<\/span>, the court<\/span> shall, after reasonable notice to the parties and the employer<\/span>, ascertain the amount of compensation paid and expenses for medical, surgical and hospital attention and supplies, and funeral expenses incurred by the employer<\/span> under the provisions of this title and deduct therefrom a proportionate share of such amounts as are paid by the plaintiff<\/span> for reasonable expenses and attorney’s fees as provided in \u00a7 65.2-311<\/a>; and, in event of judgment against such person other than the employer<\/span>, the court<\/span> shall in its order<\/span> require that the judgment debtor<\/span> pay such compensation and expenses of the employer<\/span>, less said share of expenses and attorney’s fees, so ascertained by the court<\/span> out of the amount of the judgment, so far as sufficient, and the balance, if any, to the judgment creditor<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTION OF EMPLOYER WHEN EMPLOYEE SUES THIRD PARTY (\u00a7 65.2-310)\n\nIn any action by an employee, his personal representative or other person\nagainst any person other than the employer, the court shall, after reasonable\nnotice to the parties and the employer, ascertain the amount of compensation\npaid and expenses for medical, surgical and hospital attention and supplies, and\nfuneral expenses incurred by the employer under the provisions of this title and\ndeduct therefrom a proportionate share of such amounts as are paid by the\nplaintiff for reasonable expenses and attorney’s fees as provided in \u00a7\n65.2-311; and, in event of judgment against such person other than the employer,\nthe court shall in its order require that the judgment debtor pay such\ncompensation and expenses of the employer, less said share of expenses and\nattorney’s fees, so ascertained by the court out of the amount of the\njudgment, so far as sufficient, and the balance, if any, to the judgment\ncreditor.\n\nHISTORY: Code 1950, \u00a7 65-39; 1956, c. 534; 1960, c. 89; 1968, c. 660, \u00a7\n65.1-42; 1991, c. 305; 2004, cc. 914, 941.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}