In addition to filing a workers’ compensation claim, is it possible to sue a third-party for a work-related injury? The answer is yes. At Prior, Criner & Edwards Attorneys, we look at all cases from every angle to help maximize workers’ benefits and compensation. That includes looking for a responsible third-party to bring a law suit against, especially for issues workers’ compensation doesn’t cover, such as pain and suffering.
Typically, you cannot sue your employer for a workplace injury, due to your agreement to receive workers’ compensation benefits and giving up your rights to sue your employer for pain and suffering. This, however, doesn’t mean you’re prohibited from suing someone else if they are responsible for your injuries. The most common third-party workers’ compensation law suits we see come from car accidents, slips and falls, and other injuries that occur on someone else’s property.
Work-related Automobile Accidents
Getting into a car accident while driving to work is the most common example of a third-party claim coming from a workers’ compensation action. There are many occupations that include driving as part of the job, such as truck and delivery drivers, sales employees that make on-site visits, construction drivers that haul materials and machinery, health workers, and even lawyers that drive to and from court. If you find yourself in a situation where you’re driving for work, get into an accident, and it’s not your fault, you may have the opportunity to file a third-party lawsuit against the other driver. Not only will you collect workers’ compensation, but you may also win claims not covered by workers’ comp, such as pain and suffering, future lost wages, and damages to your vehicle.
Slips and Falls
Does your job require you to work on someone else’s property? When injuries occur in this situation and are due to dangerous conditions, you may be able to sue the building owner or property manager in addition to collecting workers’ compensation. Injuries that might occur in these circumstances include trips from uneven flooring or dangerously placed items, falls down broken stairways, and slips and falls from icy conditions. And if your injury is caused by a major defect in a property not owned or managed by your employer, you can absolutely bring a third-party lawsuit for things workers’ compensation doesn’t pay out.
What About Contractors?
Injuries occurring on construction sites can present some unique issues. If you’re injured on site while working for a subcontractor, you have the opportunity to bring a lawsuit against the general contractor. It’s the responsibility of the general contractor to maintain a safe environment for everyone working on the site, including subcontractors. If an injury should occur from a safety violation, you may be able to present a pain and suffering lawsuit to the third-party.
When it comes to third-party lawsuits, it’s important to look at each case from every angle to ensure all injured employees gets what they deserve. Our workers’ compensation lawyers want to ensure you’re guided through the process smoothly and always feel confident about the next steps in your case. If you’ve been involved in a third-party workplace accident, we want to know. Contact us today to schedule a consultation.
Our attorneys specialize in workman's comp, personal injury, and dispute resolution services.
We have have a long history of building long-term client relationships founded on trust and mutual respect.
With over 25 years of experience in civil litigation and thousands of cases mediated, Frank specializes in the fields of workers compensation and personal injury law.
Sherman is Licensed to Practice Law in North and South Carolina. He has extensive education in law and the mediation practice, professional experience and impressive memberships in many noteworthy political, civic and business organizations.
Ashley M. Edwards
Ashley is a NC attorney and certified mediator in North and South Carolina, Ashley has represented hundreds of clients and mediated thousands of cases for attorneys, insurance carriers and private companies.
“These guys are awesome and care about their clients very much. I would suggest anyone hurt on the job to contact them. Cannot express my appreciation enough to them!"
“Ashley Edwards genuinely cares about his clients and holds himself to the highest standards in all of his professional interactions. I am happy to recommend him to anyone who needs help navigating the workers compensation process."
“Ashley has been practicing compensation law in the greater Wilmington area for 15+ years. I have often turned to him for advice and counsel. He knows the law, is trustworthy, listens to his clients, and fights to do the right thing for them. He is my first call!"
“Mr Edwards made my case feel like it was his most important case. He is so caring and attentive."
“This was the first and only law firm I contacted after being injured. Everyone there has been on point concerning my case and extremely professional. I highly recommend contacting workers comp first if injured. It will be as if it's the most important case they have and they will not disappoint. Thank you to the entire team."
“Wonderful Experience under difficult circumstances. They helped me understand my rights and options under the law. Mr. Edwards took the time to help and meet with me whenever I had questions. He is highly recommended for his expert advice and service. "
“This is the place to go if you get hurt on the job Ashley and his paralegal Janet are really nice and super easy to talk to and they take the time to really listen to your problems and get you the help you need and deserve."
“They came out took out time to listen very smart he knows what he's talking about he heard me out and took my case under difficult sircumstances and i highly advise this is the law firm to consider."
“Sherman is one of the best mediators that I know---he is extremely proficient in Workers' Compensation Law and he is an outstanding communicator. I give Sherman my highest rating!"
“Great Experience with a caring lawyer who took the time to actually meet with me. He handled my case to the end and explained everything. Highly recommended."
“Ashley is very knowledgeable and relatable to his clients, to opposing counsel, and to all parties when acting as mediator. "
“Ashley didn't always tell me what I wanted to hear but he always told me the truth. He is very knowledgeable and professional... I would highly recommend Ashley if you feel the need to hire an attorney. "
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