Third Party Lawsuits

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Winston-Salem Third Party Claims Lawyers

Can You Sue for a Work-Related Injury?

You cannot sue your employer, your supervisor or a co-worker, even if their negligence caused your job injury. Under North Carolina law (and that of most other states), workers' compensation is your only remedy against your employer in the event of an injury. Nevertheless, that's not necessarily the end of the story.

You can sue a third party who is not in your chain of employment. This may include:

  • A manufacturer of dangerous equipment, machinery or products
  • A subcontractor whose negligence led to a construction site accident
  • A delivery driver or other driver who crashes into you while you are on duty
  • Other persons or entities responsible for a work-related injury

Experienced Representation in Third Party Claims

Maynard & Harris Attorneys at Law, PLLC, is experienced in both workers compensation claims and personal injury litigation. You may be able to collect both. We represent injured workers in Winston-Salem and surrounding areas of North Carolina. Contact us soon to schedule your free initial consultation.

Celeste Harris is certified by the North Carolina State Bar as a specialist in workers' compensation law. She and her law partner, personal injury lawyer Douglas Maynard, have obtained settlements and verdicts in numerous third party claims related to workplace injuries. In a recent case, for example, Maynard & Harris Attorneys at Law, PLLC, represented a Wal-Mart employee who was seriously injured in the loading dock when he was struck by a supply truck. We successfully sued the driver's employer for his lost wages, medical care and other losses. In another case, they successfully litigated a case for a woman who fell on her job because the cleaning company left the floor dangerously slippery causing the injure worker to fall.

How Can Filing a Third Party Benefit Help?

First of all, workers' compensation benefits are limited. You receive only two-thirds of your lost wages, and settlements for permanent disability are capped under the law. A third party claim has no such statutory limits, and also allows damages for pain and suffering, which workers' comp does not. So you're not double-dipping so much as capturing the full value of a work injury.

Secondly, your employer's insurance carrier may be able to file a lien against your personal injury settlement or jury award. So you may not actually double your compensation. But even after subrogation liens and attorney fees, you should come out far ahead.

Other workers' compensation lawyers many not look for the third party claim opportunities. Contact attorneys who are committed to helping you seek full and fair damages for an on-the-job injury. You can reach us at 336-793-1758 or 866-912-8731 for a free case evaluation. Our attorney fees come from your workers' comp benefits and/or personal injury compensation — we don't get paid unless you get paid.

See our Workers' Comp Frequently Asked Questions

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