When you are injured at work, you and your family deserve the workers’ compensation benefits you have earned. If you are frustrated by a denied workers’ comp claim or appeal, get an experienced attorney on your side.
Under North Carolina workers’ compensation laws, an employee who is injured while on the job is not allowed to sue their employer directly for compensation for their injuries.
Often, workers’ compensation benefits may not be enough to fully cover the losses experienced by the injured worker. If a third party is partially to blame for a work-related injury, the injured worker may be able to file a personal injury lawsuit in addition to the workers’ compensation claim, also known as a third party cause of action.
Types of Third Party Claims
Depending on the situation, third party claims can come in many forms. A third party may be held accountable in the following circumstances:
- General Workplace Accidents: If your injury was caused by defective equipment, faulty tools or products or unsecured merchandise, you may be eligible to file a lawsuit against the makers and manufacturers of the products that caused the injury.
- Construction Worker Accidents: In cases where a construction site injury has occurred, the manufacturers of defective equipment or other at-fault workers may be held responsible.
- Motor Vehicle Accidents: If you drive a vehicle as part of your job and are injured in a car accident caused by the actions of another driver, you may be able to pursue a personal injury claim against the negligent driver and their insurance provider.
- Slip and Fall Accidents: When slip and fall accidents or other premises liability events occur while on another’s property for a work-related reason, the property owner or facility manager may be liable for your injuries.
To see if you’re eligible for a third party claim, complete the Free Case Evaluation form on this page.
Successful Third Party Claims
Most injured workers with good third party cases don’t realize it. Many third party claims involve complex legal issues and product liability laws. It is important for any worker who was injured on the job to consult with an experienced workers’ compensation attorney who will be able to determine if there is cause to pursue a third party claim.
North Carolina law limits the amount of benefits a worker can recover in a workers’ compensation claim. Employees have the legal right to collect benefits from workers’ compensation insurance; however, the benefits received rarely cover all the costs related to the workplace accident. By pursuing a third party claim, an injured employee may be able to recover damages for emotional trauma, pain and suffering and sometimes punitive damages if appropriate in the given situation.
At Lewis & Keller, our workers’ compensation lawyers are trained to identify possible third party claims within your workers’ compensation claim in order to ensure that you receive proper compensation for your injuries.