Can You Sue And Collect Workers’ Compensation? Article

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Can You Sue and Collect Workers’ Compensation?

It is not uncommon to wonder can you sue and collect workers’ compensation after a workplace injury. The short answer is “no.” The long answer is “no, but…”

Author: Sara Goldstein

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Workers’ compensation is in lieu of – not in addition to – legal action against your employer. When you file a workers’ compensation claim, you agree to not hold your employer further liable for your injuries. Workers’ compensation is a “no fault” system, which means that even if you played a role in your accident, you can still collect compensation. This is generally not the case with a personal injury lawsuit, where liability is determined and compensation is apportioned accordingly. This makes workers’ compensation a more appealing option for many people who are suffering from the expenses and lost wages associated with an on-the-job injury.

The Long Answer/Third-Party Negligence

If you sustain an injury on the job that is the fault of negligence from a third party, you cannot file for workers’ compensation and will instead need to file a personal injury lawsuit. Some examples of when this might be the case include:

• Working on a job site with several subcontractors
• Being injured in an auto accident caused by another driver
• Suffering an injury due to improper maintenance off-site
• Being attacked by an uncontrolled animal while going about your work duties
Anytime you suffer an injury caused by the intentional or unintentional negligence of someone else, you have a right to file a personal injury lawsuit. This right is not diminished by the fact that you were performing work-related duties. In fact, this often works in your favor during personal injury lawsuits.

If your injury was caused by a negligent third party, you can sue for damages including current and future lost wages, all related medical expenses, and physical and emotional pain and suffering.

Hire an Attorney

Whether your injury requires workers’ compensation or a personal injury lawsuit, an experienced attorney will be necessary to ensure you are fairly compensated. In both instances an attorney will work closely with you, taking care of all the necessary considerations while you focus on healing.

If you live in or around Raleigh, Durham, Greenville, Lumberton, Fayetteville, Rocky Mount, or Tarboro, North Carolina and have been injured on the job, please visit the website of White &Stradley PLLC for more information. Our North Carolina attorneys focus on both workers’ compensation and personal injury law.

About Author

Raleigh, North Carolina workers comp lawyer at White & Stradley can help you get the workers compensation and benefits you deserve from your work related injury. Call us to schedule a free case evaluation.

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Can You Sue and Collect Workers’ Compensation?