What to Know About Workers’ Compensation and Personal Injury Claims in North Carolina

In North Carolina, navigating the legal landscape surrounding workers’ compensation and personal injury claims can be complex. Understanding the key differences between these two types of claims is essential for anyone seeking compensation after an injury.

Workers’ Compensation in North Carolina
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of their employment. In North Carolina, all employers with three or more employees are required to carry workers' compensation insurance. This benefit is available to those who experience work-related injuries, even if the employer was not at fault.

Employees must report the injury to their employer within 30 days and file a claim with the North Carolina Industrial Commission within two years of the injury date. It is important to gather all relevant documentation, including incident reports and medical records, to support the claim.

Benefits of Workers’ Compensation
Workers’ compensation benefits can cover medical expenses, rehabilitation costs, and a portion of lost wages. Additionally, if a worker is permanently disabled, they may be entitled to ongoing compensation. Importantly, workers’ compensation claims do not require proof of negligence; injured employees need only show that the injury occurred while they were performing work-related duties.

Personal Injury Claims in North Carolina
Unlike workers’ compensation claims, personal injury claims arise from negligence or wrongful actions of another party. A personal injury claim may be filed if an employee is injured on the job but due to the negligence of a third party, such as a contractor or equipment manufacturer. In this situation, the injured employee can pursue compensation through a personal injury lawsuit.

In North Carolina, the statute of limitations for personal injury claims is three years from the date of the injury. To successfully claim compensation, the injured party must establish that the third party was negligent and that the negligence directly contributed to the injury.

Comparing Workers’ Compensation and Personal Injury Claims
One of the primary distinctions between these types of claims lies in how fault is determined. Workers’ compensation operates on a no-fault system, making it more accessible for injured workers, while personal injury claims require proof of negligence. Additionally, the compensation received from a personal injury claim may be higher, as it encompasses pain and suffering, whereas workers’ compensation typically does not account for these damages.

Legal Assistance
Navigating workers’ compensation and personal injury claims often requires the assistance of a legal professional. An experienced attorney can help injured workers understand their rights, assess eligibility for benefits, and ensure that all paperwork is filed correctly and on time. Furthermore, they can provide valuable guidance when pursuing a personal injury claim against a negligent third party.

Conclusion
Understanding the intricacies of workers’ compensation and personal injury claims in North Carolina is crucial for anyone injured in the workplace. Employees should be aware of their rights and the correct procedures for filing claims to ensure they receive the compensation they deserve.