Ask a Lawyer: Can I Sue My Employer And Receive Workers’ Comp?

Did you suffer an injury in North Carolina while doing the normal duties of your job? If so, you have rights and Attorney Shannon Warf Kovach is the Board-Certified Workers’ Comp Specialist you need to help you fight for them. Read the following transcript to learn how negligence might factor into your claim for workers’ compensation.

Attorney Shannon Warf Kovach:
Well, negligence is a civil term that’s separate from workers’ comp. So, what that would mean is, I’m suing the employer directly, even though you sort of are in workers’ comp and the insurance company’s handling the claim. So, it’s a trade-off, if you will.

There’s always exceptions to every rule, but generally, if you fall under workers’ comp and it’s an accident at work and an insurance policy is there to cover it, that’s your exclusive remedy. You can accept workers’ comp and then go and sue the employer directly.

The trade-off for that is, in a regular civil claim, there are things called contributory negligence. And, if you do something that causes your accident or contributes to your accident in a civil claim, you may be precluded from recovery. In workers’ comp, that’s not the case. So, if you’ve done something that caused your injury or you did something that you shouldn’t have done, and that causes an injury that might preclude you from recovery in a civil claim, you’re still going to be covered under workers’ comp. So, it’s kind of a trade-off.

Speaker 2:
That makes sense.

If you need help seeking the money you deserve after suffering an injury at work, Attorney Shannon Warf Kovach can be your champion and help you seek every penny you’re entitled to. Contact us today for your free, no-obligation case review. We’ll take care of everything from there so you can focus on recovering.