If an employee is injured on the job he or she usually has the right to file a workers’ compensation claim with the North Carolina Industrial Commission and receive workers’ compensation benefits. In addition, if the employee was injured due to negligence from a third party (not the “negligence” of the employer or a co-worker), he or she may have a separate claim and be able to file a lawsuit against the third party responsible. These claims often occur in work-related automobile accidents.
Generally, workers’ compensation benefits only cover a portion of the damages incurred after an accident, but a third-party legal action may allow the injured employee to obtain additional money for damages. All parties responsible for an employee’s injuries need to be held responsible. Even though the accident may have resulted from a work-related incident, the third parties involved are not protected by the workers’ compensation system.
Many times third-party claims result in a higher monetary recovery than the amount an injured worker is limited to under a workers’ compensation claim alone. The workers’ compensation carrier may have the right to attempt to recover money paid in the workers’ compensation claim out of the proceeds of the separate third party claim. An experienced attorney may be able to help reduce or limit the recovery of the workers’ compensation carrier from the third party case.
If you have a Workers’ Compensation claim or have questions about your rights, Daggett Shuler is here to help you. We will be happy to answer your questions. Schedule a Free Case Evaluation. You will only pay an attorney fee if we help you receive benefits or a settlement and the Industrial Commission approves the attorney fee.
At Daggett Shuler, you can depend on us.