How Workers' Compensation Affects Your Ability to File a Lawsuit
After sustaining an injury at work, you may wonder whether you can file a lawsuit against your employer in addition to pursuing workers' compensation benefits. In most cases, workers' compensation is the exclusive remedy for job-related injuries. However, there are exceptions that allow you to pursue a lawsuit in addition to workers' compensation. In this blog post, we’ll explain how workers' compensation affects your ability to file a lawsuit and when you may be able to take legal action outside the workers' compensation system.
Workers' Compensation as the Exclusive Remedy
In North Carolina, workers' compensation provides benefits for job-related injuries without requiring you to prove fault. In exchange for these benefits, employees generally give up their right to sue their employer for negligence. This is known as the “exclusive remedy” rule. If you are injured on the job, you are typically required to file a workers' compensation claim instead of suing your employer for damages.
Why Can't You Sue Your Employer for a Workplace Injury?
Workers' compensation laws are designed to provide a streamlined and quick way for workers to receive compensation for job-related injuries. The no-fault nature of workers' compensation means that employees don’t need to prove that their employer was at fault for the injury. In return, employees forfeit their right to sue their employer for negligence, which simplifies the process of receiving compensation.
Exceptions to the Exclusive Remedy Rule
While workers' compensation is typically the exclusive remedy for workplace injuries, https://gregoryoanw822.raidersfanteamshop.com/workers-compensation-for-construction-workers there are certain exceptions that allow you to file a lawsuit in addition to receiving workers' compensation benefits. These exceptions include:
1. Intentional Injury
If your employer intentionally caused your injury, you may have the right to file a personal injury lawsuit. For example, if your employer physically assaulted you or deliberately created unsafe working conditions, you may be able to sue them for damages.
2. Third-Party Liability
If a third party caused your injury, such as a subcontractor or a manufacturer of defective equipment, you may be able to file a lawsuit against that third party while still pursuing workers' compensation benefits. This allows you to seek additional compensation beyond what is available through workers' compensation.
When Can You File a Lawsuit After a Workplace Injury?
You may be able to file a lawsuit if your injury was caused by a third party, if your employer intentionally caused the injury, or if your employer does not have workers' compensation insurance. In such cases, a personal injury lawsuit can help you recover damages for pain and suffering, medical expenses, and lost wages.
Conclusion: Get Legal Help from Charlotte Workers' Compensation Lawyers
If you’re unsure whether you can file a lawsuit after your workplace injury, it’s crucial to consult with a workers' compensation attorney. Charlotte Workers' Compensation Lawyers can help you understand your rights, evaluate your case, and determine whether you can pursue a lawsuit in addition to workers' compensation benefits. Contact us today for a consultation!