Third-Party Liability in North Carolina Workers’ Compensation Cases

When you’re injured on the job in North Carolina, workers’ compensation typically provides benefits to cover medical expenses, lost wages, and disability. However, many employees may not realize that, in some cases, a third party—someone other than your employer or a co-worker—may be responsible for your injury.

This is known as third-party liability, and it can play a crucial role in ensuring you receive total compensation beyond what is available through workers’ compensation benefits.

Here, our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A., explore third-party liability and common scenarios where it applies.

What is Third-Party Liability in Workers’ Compensation?

Workers’ compensation in North Carolina is a no-fault system, meaning you can receive benefits for your work-related injury without proving that your employer was at fault. However, workers’ compensation generally limits your ability to sue your employer for additional damages like pain and suffering.

When a third party—someone other than your employer—contributes to your injury, you may be able to file a personal injury lawsuit against that party in addition to your workers’ compensation claim. This allows you to seek additional compensation beyond workers’ compensation, such as damages for pain and suffering, loss of enjoyment of life, and future medical expenses.

Common Scenarios Involving Third-Party Liability

Third-party liability can arise in various workplace accident scenarios in North Carolina.

Here are some of the most common examples:

Car Accidents While on the Job

If you drive as part of your job duties, such as a delivery driver or traveling salesperson, and are involved in a car accident caused by another driver’s negligence, you can file a third-party claim against the at-fault driver.

In this situation:

• Workers’ compensation would cover your immediate medical expenses and a portion of lost wages.
• A third-party claim against the negligent driver could allow you to recover additional compensation for damages like pain and suffering, long-term care needs, and future loss of income.

Injuries Caused by Defective Products

Many workplace injuries result from using defective machinery, tools, or equipment. If a product defect leads to your injury, the manufacturer, distributor, or seller of that product may be held liable in a third-party product liability claim.

Examples of these types of claims include:

• A machine malfunctioning due to a design or manufacturing defect.
• A tool breaking or failing due to poor construction or lack of proper warnings.

In this case, you may sue the product’s manufacturer or designer for negligence or strict liability, seeking compensation for medical expenses, lost wages, and other damages not covered by workers’ compensation.

Injuries at a Construction Site

Construction sites are inherently dangerous, and it’s common for workers from different companies to be on a site simultaneously. If your injury is caused by the negligence of a contractor, subcontractor, or another third party working on the same site, you can pursue a third-party liability claim against them.

For example:

• A subcontractor fails to follow safety protocols, causing equipment to fall and injure a worker.
• A third-party contractor operating machinery causes an accident that results in injury.

Workers’ compensation will still cover your initial costs, but a third-party lawsuit may provide additional compensation, especially if you have long-term or permanent injuries.

Injuries Caused by Property Hazards

If you are injured while working on property owned by someone other than your employer, you may be able to file a premises liability claim against the property owner.

For example:

• You slip and fall on a wet floor while working at a client’s property because they failed to provide adequate warnings.
• A structural hazard on a property causes injury while you’re conducting business operations.

In these cases, the property owner may be held responsible for failing to maintain safe conditions, allowing you to seek compensation for your injuries.

When to Consult a North Carolina Workers’ Compensation Attorney

Third-party liability cases can be complex, and determining who is responsible for your injuries is often difficult without a thorough investigation. If you believe a third party contributed to your workplace injury, it’s essential to consult with a workers’ compensation attorney.

At the Ramsay Law Firm, our Charlotte lawyers will:

• Investigate the cause of your injury.

• Identify all potentially liable parties.
• File a third-party lawsuit while handling your workers’ compensation claim.
• Negotiate with insurance companies and handle any workers’ compensation liens.

Contact Our Worker Compensation Attorney at Ramsay Law Firm, P.A. Today

Our attorneys are experienced in workers’ compensation and personal injury law and can ensure you receive the total compensation you deserve by pursuing both claims simultaneously. Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina. Call 704-376-1616 or contact us online.

A Voice For The Injured.  Here Every Step of The Way.

Related Links:

• Injuries on the Job: When Should You Hire a North Carolina Workers’ Compensation Attorney?
• How the Employer-Employee Relationship Affects Workers’ Compensation Benefits in North Carolina
• Are Remote Workers Eligible for Workers’ Compensation Benefits in North Carolina?
• Can I Quit My Job If I Have a Workers’ Comp Case in North Carolina?
• How Long Does it Take for North Carolina Workers’ Compensation Benefits to Begin After an Injury Occurs?
• The Demands of Landscaping Work Can Lead to Catastrophic Injuries
• What Can I Do If My North Carolina Employer is Interfering With My Workers’ Compensation Claim?