North Carolina employment injuries typically must be handled as workers compensation claims. Unless one of a very few exceptions apply, the employee may not bring his or her claim against the employer as a civil lawsuit filed in North Carolina Superior Court. If, however, there is a third party whose negligence caused the personal injury, the employee may file a civil claim against that party directly. Third party actions are most commonly filed when the employee is injured in a car accident while working. The personal injury lawyers of Maginnis Law, PLLC are experienced in filing third party actions and can also help you with your separate workers compensation claim.
When appropriate, filing a third party action can be critical to making a full recovery for your automobile accident personal injuries. The types of damages allowed in civil court exceed those available in workers compensation actions. The primary difference is the availability of pain and suffering damages. In many cases a workers compensation claim will simply result in your medical bills being paid; you will not be entitled to any additional recovery. If, however, you file a civil claim for car accident personal injury damages against a third party, they (and their automobile insurance company) will not only be liable for your medical expenses attributable to the car accident but also pain and suffering damages. In many cases, juries award pain and suffering damages which are equal to or greater than the cost of medical treatment, sometimes a multiple of your medical costs.
The personal injury attorneys of Maginnis Howard are experienced in filing third party actions in employment related car accident cases. Our lawyers offer free consultations for all automobile accident personal injury cases, including work related accidents.
We accept all car accident injury cases on a contingency basis so that you pay no attorneys’ fees until we win.
We represent the injured across the Triangle and throughout the state. Please submit new case inquiry by visiting our contact page or calling our office at (919) 526-0450.