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Industrial Accidents: Workers' Compensation

In North Carolina if you are injured on the job, generally your sole remedy is filing a workers' compensation claim. Any other claim against your employer is barred except for some rare situations. However, if you can show that someone other than your employer was responsible for your injuries, you may sue that person or entity. These are called third-party claims. This may include a product liability claim against the manufacturer of the defective machine that caused your injury, or a negligence claim against a landowner who provided an unsafe work environment for contractors. Often, the Occupational Safety & Health Administration will investigate industrial accidents. Their investigation can be very helpful in uncovering any third party claims. It however does not replace an investigation done on your behalf and carried out in a timely manner. You need to be aware that in product liability claims, the product in question is often modified or destroyed soon after the accident. If this happens before an inspection is done on your behalf, the most crucial piece of evidence will be gone and so might be your third party claim. If you have been injured on the job, you should speak with an attorney to find out about your rights under workers' compensation law. A knowledgeable attorney can also advise you in regards to any third-party claim you may be able to bring.