Third-Party Liability Claims Are Possible After Workplace Injuries
North Carolina’s workers’ compensation laws can be difficult to understand. They can be even more complicated when third party liability claims are added.
When someone gets hurt or sick from work-related issues, many people believe workers’ compensation claims are their only option. However, a third-party liability claim can be filed if the injuries were caused by someone other than your employer or coworker. Our personal injury attorneys at the Law Offices of Wade E. Byrd P.A. can help you recover third-party liability claims.
Once you start collecting workers’ compensation payments, you put limitations on your ability to file a personal injury lawsuit against your employer. It is important to remember that liability claims can be filed against someone other than your employer.
Workers’ Compensation Limitations
If you collect workers’ compensation, you cannot sue your employer unless you can prove they intentionally hurt you or caused the death of someone you care about.
Those exceptions are rare, though, and they are frequently overturned by the state’s appellate court. It is also important to note that you cannot be compensated specifically for pain and suffering. It can be confusing though, because the pain itself might be a contributing factor to your disability. If you can prove it is contributing, you can be compensated.
For those reasons, it might be important to explore other options. That includes third party liability claims.
Third-Party Liability Claims Are Allowed
If a third party contributed to your workplace injury, they can be held liable. These civil actions, depending on the circumstances, are brought before a state court or a federal court.
These claims often are caused by:
- Car accidents
- Equipment/machinery problems
- Property hazards
Third-Party Liability Claims Add Other Issues
Third-party liability claims often provide more compensation than workers’ compensation claims. There is often a cap on how much you can collect for a workers’ comp claim. If you are successfully in a third-party liability claim, you might have to reimburse your employer.