Workplace Accidents

You May Need Two Claims to Seek Full Appropriate Compensation Following a Workplace Accident in North Carolina

Suffering a workplace accident in North Carolina can cause you to feel overwhelmed by medical and other expenses in addition to pain and suffering in the short and long  term. Many injured workers do not recognize that if someone other than their employer is responsible, they may have another separate case in addition to a workers’ compensation claim for the same workplace accident. This second case, known as a third-party injury claim, often becomes crucial for injured workers, as workers’ compensation benefits are typically limited and do not account for all of their losses and expenses. An experienced workplace accident attorney can assess whether you need to pursue two separate claims.

Beyond medical bills and financial concerns, workplace injuries can affect the worker’s ability to lead a normal life, impacting their physical and mental health. The physical pain and emotional distress experienced by the injured worker can be immense and overwhelming. If you find yourself in this situation, working with an experienced North Carolina workplace accidents attorney to pursue full compensation can be invaluable.

Workplaces are often filled with hazards that can lead to injuries, even in the safest environments. At ER Law Trial Lawyers, we can guide you through the complex legal processes involved in a workplace accident case, exploring your potential sources of compensation and protecting your rights. Contact us today to schedule a free consultation so we can assess your unique workplace accident case and explore the possibility of pursuing dual claims for the same work-related injury. Our track record of success spans across North Carolina, and we have helped numerous clients following injuries at work.

Common Types of Workplace Accidents in North Carolina

Common workplace injuries in North Carolina can take many forms, including:

• Struck by Object: This involves a worker being hit by an object, such as falling equipment or moving machinery.
• Crushed by Object: Workers are sometimes trapped and crushed between two objects or surfaces.
• Falls: Fall injuries can occur from slipping or tripping on loose objects or slippery floors, or from heights such as ladders or platforms.
• Caught In/Between: There have been many dangerous incidents where workers have been caught in or compressed by equipment or objects. In similar cases, they have been struck by, caught in, or crushed by collapsing structures, equipment, or material.
• Electrical Shock: Workers can be exposed to electrical energy, leading to burns, shocks, or electrocution.
• Fire/Explosion: Accidents involving fire or explosions can cause serious burns and other injuries.
• Inhalation of Toxic Substances: Workers can inhale harmful substances, leading to respiratory problems or poisoning.
• Motor Vehicle Accidents: Work-related car or truck accidents can lead to a range of injuries.
• Overexertion: This includes injuries caused by lifting heavy objects, repetitive motion, or straining muscles.
• Violence in the Workplace: Incidents of violence can lead to physical injuries or mental trauma.
• Fatal Accidents: Our law firm can explore whether your family can pursue a wrongful death claim to seek financial compensation if your loved one died due to work-related injuries in North Carolina.

In the aftermath of a workplace accident, it’s crucial for the injured worker to coordinate with an experienced North Carolina workplace injury attorney right away. At ER Law Trial Lawyers, we can assess your legal options and pursue the appropriate strategy to protect your rights as a worker and seek the full scope of appropriate compensation through the correct means and channels.

We are prepared to guide you and manage your claims so you can put your life back on track. Contact us today if you have suffered a workplace accident involving any of the circumstances mentioned above.

Evaluating Your Workplace Injury To Seek Damages Beyond Workers’ Comp in North Carolina

In North Carolina, compensatory damages from a workplace accident are typically divided into two categories: economic and noneconomic damages. Workers’ comp in North Carolina only partially addresses economic damages, and it ignores noneconomic damages altogether. This underscores the importance of working with an attorney to explore a third-party injury claim that accounts for the full range of your damages.

Economic Damages

Economic damages are quantifiable financial losses due to the accident, including:

• Medical Expenses: These expenses can include the cost of hospital stays, doctor visits, medications, physical therapy, and other healthcare costs related to the injury.
• Lost Wages: These damages pertain to income lost due to time off work for recovery, as well as future earnings if an injured worker is unable to return to work or can only work in a limited capacity.

Noneconomic Damages

Noneconomic damages are more subjective and are harder to quantify due to their intangible nature. However, an experienced workplace accident attorney can accurately estimate their monetary value. Noneconomic damages may include:

• Pain and Suffering: This includes both physical pain and emotional distress caused by the injury. For example, a construction worker who suffers a severe back injury might experience chronic pain and depression due to the accident.
• Loss of Enjoyment of Life: This refers to decreased quality of life or inability to participate in activities enjoyed before the injury. For instance, a musician who loses their hearing in a work-related accident may no longer be able to enjoy playing or listening to music.

A workers’ compensation claim in North Carolina generally covers economic damages such as medical treatment and a portion of lost income. Again, a workers’ comp claim does not typically compensate for noneconomic damages like pain and suffering or loss of enjoyment of life.

If a third party’s negligence contributed to your injury, then you may be able to pursue a third-party claim to seek compensation for these noneconomic damages. An experienced North Carolina workplace accidents attorney can assess your case to determine your available options.

Seeking Both Lost Income and Noneconomic Damages Like Pain and Suffering Through a Third-Party Injury Claim

A third-party workplace injury claim can be a crucial avenue for workers in North Carolina to seek recovery of noneconomic damages following a work-related accident because workers’ comp does not account for pain and suffering, emotional distress, or the diminished quality of life that can be caused by a serious injury. In addition to noneconomic damages such as pain and suffering and loss of enjoyment of life, a third-party claim can also seek full compensation for lost income and potential future lowered earning capacity.

Seeking Complete Compensation for Lost Wages and Reduced Earning Capacity

While workers’ compensation claims provide only partial wage replacement, a third-party claim can seek to recover the full extent of lost income. For example, if a truck driver is unable to work for six months due to a work-related injury, they could seek the total amount of wages lost during this period.

Moreover, if the injury leads to long-term disability that affects the worker’s ability to earn income in the future, a third-party claim can seek damages for future earning capacity. For instance, a surgeon who suffers a hand injury might not be able to perform surgeries anymore, significantly reducing their future earning potential.

Seeking Compensation for Your Full Range of Losses Suffered Due to a Work Accident

These aspects highlight the importance of pursuing a third-party claim when applicable, as it can help injured workers seek the full scope of losses that can severely impact one’s quality of life. Discuss with your attorney whether you need to pursue a third-party claim during your free case evaluation.

Medical Treatment Costs — Pursuing Further Compensation Through a Third-Party Injury Claim

In North Carolina, if a third party’s negligence contributed to your work-related accident, you can pursue further compensation for your medical treatment costs through a third-party claim. This is in addition to the workers’ compensation benefits you may receive, which generally cover identifiable medical costs associated with the injury, such as bills, doctor visits, prescriptions, and rehabilitation.

A third-party claim can help you recover compensation for past and future medical treatment that is not fully covered by workers’ compensation claims. For example, if you require long-term physical therapy or expensive medication not fully covered by a workers’ compensation claim, these costs could be included in your third-party claim.

Note that if you accept workers’ compensation benefits and successfully pursue a third-party claim, there may be a workers’ comp lien on any recovery you successfully seek from that third-party claim. This means that the workers’ compensation insurance carrier may be entitled to reimbursement from your third-party recovery for the benefits they paid.

Given the complexities involved, it’s wise to consult with a North Carolina workers’ compensation attorney to understand your rights and navigate the claims process. Our experienced legal team at ER Law Trial Lawyers is here to guide you.

Proving Negligence in a Workplace Accident Case

In North Carolina, workers’ compensation benefits can be claimed regardless of fault, meaning that an injured worker does not need to prove the negligence of their employer to be awarded these benefits.

However, a third-party claim is different. To succeed in a third-party workplace accident injury case, the injured worker must prove the negligence of the third party. This involves demonstrating the following elements:

1. Duty: The third party owed a legal duty of care to the injured worker. For example, a manufacturer has a duty to produce safe equipment.
2. Breach: The third party breached this duty. This could involve a manufacturer producing faulty equipment.
3. Causation: The third party’s breach directly caused the worker’s injury. If a worker was injured due to using the faulty equipment, this would constitute causation.
4. Damages: The worker suffered actual damages (economic or noneconomic) due to the injury.

The first two elements (duty and breach) constitute negligence. However, proving negligence alone is not enough. The injured worker must also demonstrate causation — that the negligence directly led to their injury. Lastly, they must show that they suffered actual losses (damages), such as medical bills, lost income, pain and suffering, et cetera.

Working with an experienced attorney to successfully prove all of these elements can significantly enhance an injured worker’s ability to seek compensation for the full scope of their losses. In contrast, failing to prove these elements can leave an injured worker to continue through life without compensation for many significant damages.

Seek Immediate Legal Guidance from ER Law Trial Lawyers Regarding Your North Carolina Workplace Injury Case

An experienced North Carolina workplace accident attorney at ER Law can provide invaluable assistance to an injured worker in numerous ways, spanning the immediate aftermath of a work-related accident through the resolution of a third-party personal injury claim.

• Immediate Assistance: Following a work-related injury, your attorney can help determine whether the injury is covered under North Carolina workers’ compensation law. We can guide you through the process of submitting your claim, avoiding common traps and ensuring the necessary forms are completed correctly.
• Investigation: Your workplace accident attorney will thoroughly investigate each case to determine whether the claim is compensable, explore the benefits to which the worker may be entitled, and identify potential third-party claims.
• Third-Party Claims: If a third party’s negligence contributed to the accident, the attorney can assist in filing a lawsuit to seek additional compensation beyond workers’ comp. This could include compensation for pain and suffering, loss of enjoyment of life, full wage loss, and future earning capacity.
• Seeking Resolution of the Case: The attorney can work to resolve the claim through mediation and arbitration, striving for a quick resolution to fairly compensate the injured worker.

Given these complexities, it’s crucial for injured workers to promptly contact a North Carolina workplace injury attorney as soon as possible following their work injuries. Immediate legal guidance can significantly enhance the chances of a comprehensive recovery, both medically and financially.

At ER Law Trial Lawyers, we begin with a free case evaluation. We will assess the extent to which your losses may be covered under workers’ compensation laws and evaluate whether you should pursue a third-party work injury claim in addition to a workers’ comp claim in order to seek full and fair compensation for your injuries and losses.

Schedule a Free Consultation with ER Law Trial Lawyers in Greensboro, North Carolina Regarding Your Workplace Accident Case

Let our experienced workplace accident attorneys guide you from the beginning of your case. Gain the peace of mind that comes with knowing you are in capable hands at ER Law Trial Lawyers. We will listen closely to understand your needs, identify solutions for your future, and advocate fiercely on your behalf in accordance with a tailored case strategy to seek the compensation you need.

Call us today at (336) 904-9000 or fill out our online form to request a free consultation to discuss your personal injury case. Our experienced workplace accident attorneys can help you understand the full scope of your damages while evaluating the details surrounding the incident that caused your injury. Don’t let the injuries you have suffered at work set you back. We are here to help you put your life back on track.

For your convenience, we can discuss your case by phone, over Zoom, or in person at either of our offices in Reidsville or Greensboro, North Carolina. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

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