At Waple & Houk, PLLC, our workers’ compensation attorneys in Lowesville know that many North Carolina employees are unsure about their workplace rights after an on-the-job injury. To help employees understand their rights — no matter which industry they work in — the North Carolina Workers’ Compensation Act requires all North Carolina businesses with three or more employees to carry workers’ compensation insurance.
In addition, North Carolina’s workers’ compensation is a no-fault system. This means injured employees in North Carolina are entitled to workers’ compensation benefits regardless of who caused the accident.
Our Lincoln County workers’ compensation attorneys help injured North Carolina workers enforce those rights, so they can pursue and receive the benefits they are entitled to by law.
Can I Sue My Employer for a North Carolina Workplace Injury?
In North Carolina, the workers’ compensation system generally provides an exclusive remedy for workplace injuries, meaning that employees are typically barred from suing their employers for such injuries.
The workers’ compensation system is designed to streamline the process for employees to receive benefits for work-related injuries without the need to prove fault. However, there are exceptions and situations where legal action outside of the workers’ compensation system may be possible.
Here are key considerations:
- Workers’ Compensation Exclusivity
In most cases, workers’ compensation is the exclusive remedy for employees who suffer workplace injuries. This means that employees generally waive their right to sue their employers for negligence in exchange for receiving benefits through the workers’ compensation system.
- Exceptions to Exclusivity
There are exceptions to the exclusivity rule. If the employer’s intentional misconduct or egregious negligence directly contributed to the injury, the injured employee may have the right to pursue a personal injury lawsuit against the employer. However, proving intentional misconduct can be challenging.
- Third-Party Lawsuits
While employees cannot typically sue their employers for workplace injuries, they may have the right to pursue a third-party lawsuit against parties other than their employer whose negligence contributed to the injury. This could include manufacturers, contractors, or other entities involved in the workplace.
- Exceptions for Certain Employers
Some employers, especially smaller ones, may be exempt from providing workers’ compensation coverage. In such cases, injured employees may have the right to sue their employers for negligence.
If you have questions about who may be liable for your North Carolina workplace injuries, contact our experienced workers’ compensation attorney to determine the specific circumstances of your case and whether any exceptions apply. We can guide you through the available legal options and help you understand the best course of action based on the details of your workplace injury.
Contact Our Lowesville Workers’ Compensation Lawyers Today
Our legal team at Waple & Houk, PLLC PLLC will thoroughly investigate your case to build a strong North Carolina workers’ compensation claim. We can help you recover damages for your medical care, lost income, surgery costs, physical therapy costs, and lost earning capacity.