Workers Comp Lawyer

Raleigh, Durham, Goldsboro, Greenville, Kinston, Lumberton, Fayetteville, Rocky Mount, and Tarboro, North Carolina

Can You Sue and Collect Workers’ Compensation?

You cannot sue your employer and collect Workers’ Compensation, but that does not necessarily mean that you do not have a lawsuit against a third party in addition to your Workers’ Compensation claim.

If you have suffered a work-related injury or illness the experienced Workers’ Compensation attorneys at White and Stradley in North Carolina can help you determine if you are entitled to Workers’ compensation benefits and if you may also be entitled to compensation through a personal injury lawsuit.

The Workers’ Compensation trade off

Workers’ Compensation laws protect Workers and make sure that they can be compensated for their injuries by providing compensation no matter who was at fault. Employers are required to carry Workers’ Compensation insurance, and your claim is an insurance claim, not a lawsuit.

These laws also protect employers. When you collect Workers’ Compensation for your injuries you cannot sue your employer.

The advantage to the Worker is a much greater chance of receiving compensation for your injuries. The disadvantage is that you will almost definitely receive less in Workers’ Compensation benefits than you would if you were to sue your employer and win. Workers’ Compensation minimizes both your risk and your gain.

Workers’ Compensation plus a lawsuit

There are cases in which you would collect Workers’ Compensation and still file a personal injury lawsuit. The lawsuit would be against a third party, not your employer.

There are many circumstances which could give rise to a third party lawsuit. For instance, this can happen if you were injured by a defective product, such as in an equipment malfunction. If you were injured in an auto accident while on the job, you would be covered by Workers’ compensation, but another driver may also be held responsible for your accident. If a disgruntled customer becomes violent and injures you, you may also be able to sue.

How a Workers’ Compensation attorney can help

Sometimes it is not clear or obvious who is at fault when you are injured. In addition to protecting your rights when dealing with the insurance company regarding your Workers’ Compensation claim, your attorney can help you determine if a personal injury lawsuit against a third party is also appropriate.

If you pursue a lawsuit you can receive compensation that is not available through Workers’ Compensation. A personal injury lawsuit can mean compensation for losses such as pain and suffering and loss of enjoyment of life. The party who is responsible for your injuries may even be required to pay punitive damages.

If you have suffered an on the job injury in North Carolina, please contact the experienced Workers’ Comp Lawyers at White and Stradley to find out how best to pursue your case. If your case has merit, there will be no cost for your on the job injury consultation.

Call Now 1-800-471-3209 Serving Injured People & Their Families Throughout North Carolina

Sitemap { - }

This web page about Workers' compensation is for informational purposes only. This web site should not be used as formal legal advice. Contact one of our experienced Workers' comp lawyers today at White & Stradley PLLC. We proudly serve all of North Carolina including Raleigh, Southern Pines, Tarboro, Burlington, Chapel Hill, Dunn, Fayetteville, Hillsborough, Lillington, Louisburg, Oxford, Pembroke, Pinehurst, Pittsboro, Raeford, Red Springs, Rocky Mount, Roxboro, Sanford, Selma, Siler City, Smithfield, and Warrenton. Our experienced work injury attorney also serves Alamance, Alleghany, Alexander, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Clay, Cleveland, Columbus, Craven, Cumberland, Currituck, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gaston, Gates, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hoke, Hyed, Iredell, Jackson, Johnston, Jones, Lee, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain,Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wayne, Wilkes, Wilson, Yadkin, and Yancey Counties. If you have been injured in a work accident and suffered a job related injury, contact us today for a complimentary Workers compensation claim consultation. We are committed and dedicated to help injured Workers get the compensation benefits you deserve.

© White & Stradley, PLLC - Website Designed, Developed, and Optimized by Page 1 Solutions, LLC