North Carolina Workers Compensation and Personal Injury Claim Lawyer
At the Ramsay Law Firm, P.A., our Charlotte workers’ compensation attorneys know North Carolina’s workers’ compensation is a no-fault system used as an exclusive remedy for workplace injury claims. Injured employees in North Carolina are entitled to workers’ compensation benefits regardless of who caused the accident.
The exclusive remedy provision is a powerful provision in the North Carolina Workers’ Compensation Act. It forces injured workers to file compensation claims rather than sue their employers for workplace injuries.
However, the exclusive remedy provision is not absolute. In some situations, a workplace injury may lead to workers’ compensation and personal injury claims.
Here, we discuss the differences between the two claims and when they can be combined.
Can I File a Workers’ Compensation and Personal Injury Claim at the Same Time in North Carolina?
Workers’ compensation and personal injury claims are two distinct legal concepts, each governed by its rules and regulations.
The following is a general overview to help clarify the differences:
- North Carolina Workers’ Compensation Claims
Workers’ compensation is a system designed to provide benefits to North Carolina employees who are injured or become ill during their employment.
It is a no-fault system, meaning that employees typically do not need to prove that their employer was at fault for their injury. Benefits are provided regardless of who caused the accident.
The injured worker is generally entitled to medical treatment, wage replacement, and, in some cases, rehabilitation services. However, they usually cannot sue their employer for additional damages.
- North Carolina Personal Injury Claims
A North Carolina personal injury claim arises when someone is injured due to another party’s negligence or intentional wrongdoing, which may include individuals, companies, or government entities.
The injured party must typically establish that the other party was at fault or negligent in causing the injury before they can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related losses.
Unlike workers’ compensation, which begins with administrative processes, a personal injury claim is often pursued through negotiations with the liable party’s insurance company or in the civil court system.
Transition from Workers’ Compensation to Personal Injury
If a third party — someone other than your employer — is responsible for the injury, the injured worker may be able to file a personal injury lawsuit against that party in addition to pursuing workers’ compensation benefits.
This may include a property owner who failed to maintain safe premises or a negligent driver who crashes into a work vehicle.
These complex cases require a skilled attorney with significant experience in workers’ compensation and personal injury claims. That is what we provide.
Our dedicated Mecklenburg County workers’ compensation and personal injury law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.
