Can You File a Personal Injury Lawsuit Against Employer After a Workplace Accident in Greensboro, NC?

In North Carolina, workers in healthcare, construction, manufacturing, and transportation are often exposed to risks on the job, leading to a significant number of workplace accidents. For instance, healthcare workers frequently suffer from injuries due to repetitive motion or lifting, while construction workers are at high risk for falls or equipment-related injuries.

If you’ve been injured on the job in any of these industries, you’re probably familiar with workers’ compensation—the insurance system that helps cover medical expenses, lost wages, and other benefits when you’re hurt at work.

But what happens if a third party outside your employer is responsible for the accident due to their negligence? Though you can’t file a personal injury lawsuit against employer due to workers’ compensation laws, you can seek additional compensation from a third party whose negligence caused your injury, in addition to receiving workers’ compensation benefits.

While the process may seem complex, there are ways to pursue both claims. Here’s how it works in North Carolina.

What Is a Third-Party Claim and How Does It Relate to Workers’ Compensation?

If you’ve been injured at work, you might think that workers’ compensation is your only option for compensation. However, if a third party—such as a driver in a vehicle accident, a contractor, a property owner, or a maintenance company—was responsible for the accident, you may also have the right to file a third-party claim.

While workers’ compensation prevents you from suing your employer directly due to the exclusive remedy rule, it doesn’t prevent you from pursuing claims against third parties whose negligence caused your injury. Workers’ compensation provides benefits regardless of fault, but a third-party claim requires proving negligence on the part of an outside party.

For example, if your injury occurred due to a work-related accident, like a slip and fall, workers’ compensation will cover medical bills, lost wages, and disability benefits. However, if a third party—such as a driver in a vehicle accident, a supplier providing defective equipment, or a maintenance company responsible for faulty machinery—was responsible for your injury, you can file a personal injury lawsuit to recover additional damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, which are not covered by workers’ compensation.

Key Differences Between Workers’ Compensation and a Personal Injury Lawsuit

To better understand how workers’ compensation and a personal injury lawsuit work together, here’s a breakdown of their key differences:

• Workers’ Compensation:
  • It’s a no-fault system, meaning you don’t need to prove negligence. If you’re injured while performing job duties, you’re generally covered by workers’ compensation benefits.
  • Covers medical bills, lost wages, and disability benefits.
  • Does not cover non-economic damages such as pain and suffering or emotional distress.
• Personal Injury Lawsuit:
  • Requires proving that a third party was negligent and at fault for your injury.
  • Can provide compensation for pain and suffering, emotional distress, and other non-economic damages that workers’ compensation does not cover.
  • Can potentially lead to a larger payout, especially for more serious injuries, depending on the third party’s actions.

In North Carolina, you can pursue both workers’ compensation and a third-party lawsuit at the same time. By filing both claims, you can maximize your recovery.

What to Do After a Workplace Injury

Being injured at work is stressful, but taking the right steps right away supports your recovery and protects your rights. Here’s what you need to do:

1. Get Medical Help Right Away: Your health is the priority, so seek medical attention as soon as possible. Not only does this help with your recovery, but it also creates a record linking your injury to the workplace incident, which you’ll need for your workers’ compensation and any third-party claims.
2. Report the Injury to Your Employer: Notify your employer about the injury. In North Carolina, you have to report it within 30 days to stay eligible for workers’ compensation benefits.
3. Document the Incident: If you are able, take photos of the accident scene, write down any details, and collect witness statements if possible. The more evidence you gather, the stronger your case will be, whether for workers’ compensation or a third-party claim. This documentation can help establish that a third party was negligent and contributed to your injury.
4. Consult an Attorney: Reach out to workers’ compensation or NC personal injury attorneys. An attorney can help you determine if a third party’s negligence contributed to your injury—such as a vehicle accident with another driver, a malfunctioning product, or a hazard caused by a third-party property owner. Your attorney will guide you through both claims.
5. File Your Personal Injury Lawsuit: If a third party caused your injury, you may be able to file a personal injury lawsuit. Most claims settle out of court, but your attorney will represent you in negotiations with the responsible party’s insurance company. If a fair settlement can’t be reached, your attorney will prepare your case for trial. Remember, in North Carolina, you have three years from the date of your injury to file a personal injury lawsuit and two years to report an injury for workers’ compensation claims.

How North Carolina’s Workers’ Compensation System Can Impact Your Personal Injury Case

North Carolina’s workers’ compensation system provides benefits to workers who are injured on the job, but it has limits. While it covers medical expenses and lost wages, it doesn’t account for pain, suffering, or emotional distress. That’s where a third-party lawsuit comes in.

If a third party caused your injury, you have the right to pursue additional recovery. However, workers’ compensation benefits are often paid out first, and the insurance company may seek to recover some of the money it paid on your behalf through subrogation. Your attorney will help manage this process.

Get the Legal Support You Need After a Workplace Injury with ER Law Trial Lawyers

If you’ve been injured in a workplace accident caused by a third party’s negligence, workers’ compensation may not cover everything. In addition to helping you with your workers’ compensation claim, ER Law Trial Lawyers will pursue your third-party lawsuit to maximize compensation for medical bills, lost wages, and pain and suffering.

Our experienced NC personal injury attorneys will negotiate with insurance companies, address subrogation issues, so you have the opportunity to receive all available benefits, including workers’ compensation and third-party damages.

From filing your workers’ comp claim to managing your third-party lawsuit, we handle it all. Don’t wait—third-party claims come with strict deadlines, and evidence can quickly fade. Your online search for an “injured at work lawyer near me” brought you to this blog—and you came to the right place. Take the next step and call (336) 904-9000(336) 904-9000 or visit us online to schedule your FREE, no-obligation consultation. Let us manage the legal process while you focus on your recovery.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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Reidsville, NC 27320
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