Pursuing Third-Party Claims for Injuries Sustained on the Job

When you get hurt on the job in North Carolina, your first thought might be workers’ compensation, and rightfully so. It’s designed to help you cover medical expenses and a portion of your lost wages. But what many people don’t realize is that in some cases, workers’ comp isn’t your only option. Suppose someone other than your employer or a co-worker was responsible for your injury. In that case, you may be able to file a third-party personal injury claim to recover additional compensation.

What Is a Third-Party Claim?

A third-party claim is a personal injury lawsuit filed against someone other than your employer who contributed to your on-the-job injury. This could be a contractor, property owner, equipment manufacturer, or even a reckless driver if your job involves driving.

Here’s an example: Let’s say you’re a construction worker employed by a general contractor, and you get injured because a subcontractor left debris where it shouldn’t be. That subcontractor isn’t your employer; they’re a third party. That opens the door to a potential third-party claim.

Why File a Third-Party Claim?

Workers’ comp can help, but it doesn’t cover everything. You won’t receive compensation for things like pain and suffering or full wage replacement. A third-party personal injury claim lets you pursue the full range of damages available under North Carolina personal injury law, including:

• Full lost wages (not just two-thirds)
• Medical expenses (past and future)
• Pain and suffering
• Loss of enjoyment of life
• Permanent disability or disfigurement

Who Might Be Liable in a Third-Party Injury Claim?

In job-related injuries, third parties may include:

• Subcontractors or other companies working on the same site
• Property owners who failed to maintain safe premises
• Manufacturers of defective machinery or tools
• Vendors or delivery drivers acting negligently on-site
• Negligent drivers if you were hurt in a work-related vehicle accident

Real-World Examples

• Delivery Driver Hit by Another Vehicle: If you’re making a delivery for work and another driver hits you, you can file a third-party claim against that driver.
• Faulty Equipment: A malfunctioning forklift causes injury. You may have a claim against the manufacturer.
• Unsafe Premises: You’re a maintenance worker injured in a building with poor lighting or broken stairs. The property owner may be liable.

How Is a Third-Party Claim Different from Workers’ Compensation?

When you’re hurt at work, it’s important to understand that workers’ compensation and third-party claims operate under different rules. Here’s how they compare:

• Do you need to prove someone was at fault?

•      Workers’ compensation does not require proof of fault.
•      A third-party claim does require showing that someone else’s negligence caused your injury.

• What compensation is available?

•      Workers’ comp typically only covers medical bills and partial lost wages.
•      A third-party claim can include full lost wages, pain and suffering, and more.

• Is payment automatic or based on liability?

•      Workers’ comp pays regardless of who caused the injury.
•      Third-party compensation depends on proving liability.

• Can you be compensated for pain and suffering?

•      Workers’ comp does not allow for pain and suffering damages.
•      Third-party claims do allow you to pursue those damages.

How Do You Prove a Third-Party Claim?

To prove a third-party claim, you must show that someone other than your employer acted negligently and that their actions directly caused your injury. This often involves gathering evidence like incident reports, eyewitness statements, expert opinions, and medical records. Photographs from the scene and maintenance logs can also be useful. An experienced attorney can help connect these elements to build a strong case and pursue full compensation from the responsible party.

Can You File Both a Workers’ Comp and a Third-Party Claim?

Yes, and often you should. These claims are separate and can proceed at the same time. However, if you win a third-party claim, your employer’s insurance carrier might seek reimbursement (called a lien) for the workers’ comp benefits they already paid. An experienced attorney can negotiate this to protect your recovery.

Why Do You Need a Lawyer for a Third-Party Claim?

Third-party claims are more complex than standard workers’ comp cases. They involve proving fault, navigating insurance policies, and often dealing with multiple parties. At Brent Adams & Associates, we don’t just help you file paperwork. We help you fight for justice.

• We take time to listen and understand how your injury affects your life
• We give you direct access to an attorney who will personally handle your case
• We work on a contingency fee basis: you don’t pay unless we win
• We offer a free consultation so there’s no risk in getting answers

Our small-town attention means we don’t treat you like a case number. We treat you like a neighbor.

What Happens If You Do Nothing?

If you don’t pursue all available options, you could be left with:

• Out-of-pocket medical expenses
• Ongoing lost income
• No compensation for your pain or suffering
• Long-term impact on your quality of life

And unfortunately, once time runs out, you may lose the right to file a third-party claim entirely. North Carolina has strict statutes of limitations.

Let Us Help You Make Things Right

You were injured on the job. You didn’t ask for this. And you deserve more than the bare minimum. At Brent Adams & Associates, we fight for the best outcome possible, not just what the system says you’re entitled to.

Let us help you explore your third-party options and take the steps needed to secure your future.

Call us today at 910-249-6891 for your free consultation.

Because when you’ve been wronged, we make it right.