Injured at Work – Can I Sue?
Injured at Work – Can I Sue?
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Daggett Shuler Law Firm
2140 Country Club Road
Winston-Salem, NC 27104
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Hi, I’m David Daggett with Daggett Shuler, Attorneys at Law. Statistics show that personal injuries happen most often in one of two places: at home, and at work. However, workplace injuries often tend to be much more serious.
One of the most common questions that our personal injury law firm gets asked after a workplace accident is whether an injured worker can sue for his or her personal injuries. And like many concepts of law, the answer is “it depends.”
Generally, workplace accidents fall within something called workers’ compensation, which is also known as workers’ comp. A group of laws defined by our North Carolina State General Assembly which requires nearly all employers to carry accident insurance for their employees. When a worker has a work-related injury or illness, a worker can recover compensation for medical bills, lost wages, and certain permanent disabilities through the state-run Industrial Commission which oversees the North Carolina Workers’ Compensation system. In exchange, workers’ comp is an exclusive remedy, meaning that a worker cannot directly sue an employer or a coworker for negligence.
However, there are exceptions. The most common exception is that an injured worker may be able to sue a third-party who is not an employer or coworker. This could be another member of the public who causes a car accident while driving for a work delivery, a property manager responsible for maintaining the office building which is rented by an employer, or an independent contractor who harms a worker in an accident. In addition, a worker may be able to sue an employer who is required to get workers’ compensation insurance but failed to do so.
The most important thing to remember is that if you are injured while you are on the job, you need to contact an experienced Worker’ Compensation lawyer to represent your interests. A Worker’s Comp attorney will be able to make sure that your rights are not violated, that you get the medical treatment you need to recover, and that your case is settled in your best interest.
To learn more about how our experienced personal injury attorneys at Daggett Shuler can help you, contact us today by dialing 336-724-1234 for a FREE consultation. Or reach out to us through our website at daggettshulerlaw.com.