North Carolina Workers' Compensation Attorney

Rights of Injured Workers

All injured workers in North Carolina have the right to file a workers' compensation claim for benefits.  It does not matter whether your injury or illness is the result of a one-time accident, or if it occurred due to repetitive exposure or actions.  As long as your injury or illness occurred while at work or because of your required job duties, you have the right to seek financial and medical benefits through the workers' compensation system.   And unlike other types of injury claims, you are not required to prove that another person's negligence or recklessness caused or contributed to your injury in order to recover damages. Under workers' compensation law, most employees who suffer a work-related injury or illness, regardless of the cause, are entitled to benefits.

What if My Claim Was Denied?

If your workers' compensation claim was denied, you have the right to file an appeal.  This is done by filing a Form 33 to request a hearing with a Deputy Commissioner from the North Carolina Industrial Commission.  If your claim is denied by the deputy commissioner, you can seek an appeal with the full commission.  If the full commission denies your appeal, you have the right to file an appeal one more time with the North Carolina Court of Appeals. 

The appeals process can be very complicated, so it is best to find an experienced North Carolina workers' compensation lawyer you trust to protect your best interests and guide you through this process.

Filing a Civil Lawsuit

Because injured employees can recover financial and medical benefits through the workers' compensation system, they cannot sue their employer for additional damages.  They can, however, file a personal injury lawsuit against a third party (anyone other than the employer) if they can prove that party is somehow responsible for their injuries.  For example, if a defect in the machinery you use for your job caused your injury, you can sue the designer, manufacturer, and/or distributor of that machine for additional damages in a product liability lawsuit.

If you are interested in learning more about your legal rights under North Carolina workers' compensation law, please do not hesitate to contact an attorney at Lanier Law Group today!