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Some General Facts About North Carolina’s Workers’ Compensation Insurance.
In most states, including North Carolina, employers are required to carry workers’ compensation insurance. This program is designed to provide you, as the injured worker, with medical treatment, wage replacement, and other needed benefits without having to prove fault. However, in most cases, if you file for workers’ comp in North Carolina, it may be very challenging to sue your employer for negligence.
When you’re injured on the job, workers’ comp is usually the exclusive remedy for dealing with your injuries, but your lost wages and medical costs may exceed what workers’ comp pays. Therefore, there are exceptions where you may sue for additional compensation, such as when your employer’s or a third party’s negligence caused your accident, or in cases of intentional misconduct by your employer.
So, the question is this: If you’re injured on the job in North Carolina, are there legal ways I can sue my employer or another party for my injuries?
Please note that fully understanding your legal rights is crucial to answering this question and obtaining the compensation you deserve.
You also should know that under the North Carolina Workers’ Compensation Act:
- Workers’ compensation is a no–fault benefit – As an employee, you do not have to prove that your employer did anything wrong. However, you can still receive benefits if your injury was partly your fault.
- It’s usually the exclusive remedy used – In most cases, your workers’ comp is your only recourse against your employer. Under usual circumstances, you may be unable to file a separate personal injury lawsuit against your employer for your workplace injury.
However, in many cases, the amount you receive in compensation from workers’ comp does not always cover all your losses. For example, it usually does not compensate for pain and suffering or any punitive damages, which may be significant and needed by you and your family.
This is why it’s vital that if you’re injured on the job, you should, at the least, consult with a qualified, experienced work injury lawyer to see if you may qualify for legal exceptions that will allow you to sue your employer outside of workers’ comp; your, and your family’s future, may depend on it.
Generally, Under What Circumstances Can I Sue My Employer Outside of Workers’ Compensation?
Although the exclusive remedy rule does limit your ability to sue your employer, there are notable and specific legal exceptions under North Carolina law that may allow you to sue for the compensation you need, such as:
- If your injury was due to intentional harm – Let’s say your employer intentionally caused your injury. This may be a rare occurrence, but you may then be able to file a civil lawsuit.
- If you have a third-party claim – This is the most common exception, especially when a third party (someone other than your employer or a co-worker) caused your injury.
For example:
- If a defective piece of equipment injured you, you may have a claim against the manufacturer.
- Your injuries were caused by a car accident while driving for work, and the accident was due to another driver’s negligence; you could sue the at-fault driver.
- Or a subcontractor on the job site created unsafe conditions that led to your injuries. You could make a claim against the subcontractor.
The scenarios are endless, and the wise and prudent path to follow if you’re injured on the job is to obtain professional advice and guidance, which you must have to ensure you’re getting the compensation you need and deserve.
Can Third-Party Lawsuits and Workers’ Compensation Be Used Together?
It’s not unusual for you, as an injured worker, to realize that under specific circumstances, you can pursue both a workers’ comp claim and a third-party personal injury claim at the same time. Here’s an example of how that might work:
- Your workers’ comp coverage – This coverage could cover your medical expenses, some of your lost wages, and any disability benefits.
- Your personal injury lawyers’ third-party lawsuit – Separately, this could provide additional compensation for damages not covered by workers’ comp (or insufficiently covered), such as all your lost wages, pain and suffering, loss of enjoyment of life, ongoing treatment, etc.
However, you must note that if you do recover money from a third-party lawsuit, your employer’s insurance company could be entitled to be reimbursed for some of the workers’ compensation benefits paid.
Navigating this process may sound legally complex, and it is. However, your thorough, diligent, and tenacious work injury law team will know precisely how to manage all aspects of this process and work tirelessly to get you the compensation you need and rightfully deserve.
If I’m Injured on the Job, How Can an Experienced Lawyer Help?
If you’ve suffered any work-related injury in North Carolina, speaking with a knowledgeable, empathetic, well-versed workers’ comp and personal injury lawyer is always wise.
Here are just a few examples of why this could be extremely important:
- Your lawyer will look for all your sources of compensation – A thorough, diligent personal injury lawyer will determine whether a third-party lawsuit is feasible and pursue it aggressively if it is.
- Your lawyer will maximize your benefits – Legal representation will always assist you in getting the full workers’ compensation benefits you’re entitled to and fight to recover damages from any responsible third party.
- Manage all the complex rules – Managing workers’ comp and third-party claims is legally challenging. However, your experienced lawyer has the experience to handle lien negotiations, insurance companies’ various tactics, and ensure you meet critical deadlines.
- Your lawyer will always protect your rights – Most employers and their workers’ comp insurance companies will attempt to deny or undervalue your claim; your skilled and adept lawyer will not allow that to occur.
I’ve Been Injured at Work and May Need to Sue; How Should I Proceed?
Any work injury can disrupt your and your family’s lives in myriad ways, but you should never attempt to navigate this process alone; always note that all insurers will only pay what they must.
The work injury lawyers at Rowland & Yauger Attorneys and Counselors at Law have over twenty-five years of experience and have helped over 60,000 clients. They empathetically and diligently help injured workers explore every legal option available to get the maximum compensation for themselves and their families.
If you or a loved one was hurt on the job, call them today at (336)-537-5547 in Asheboro and (910)-621-2991 in Carthage for a free consultation on your unique case. They will passionately fight for the recovery and compensation you need and deserve.
