Injured Workers May Receive Additional Compensation

Many workers may think they can receive only workers' compensation benefits when injured on the job. Those workers' compensation benefits are limited and generally consist of payment of medical expenses related to the workplace injury and two-thirds of the injured worker's weekly wages. While it is generally true that an injured worker will receive only those limited benefits, there are exceptions to the rule. Under certain circumstance, an injured worker may be entitled to additional compensation.

In North Carolina, there are two primary situations in which an injured worker may be entitled to further recovery: (1) the injury was caused by a third party; and (2) misconduct on the part of the employer. If either situation applies, the injured worker would be allowed to pursue a lawsuit in ordinary civil court. The worker would be permitted to seek damages based upon his or her medical expenses, lost wages, physical pain, mental suffering, and, if applicable, punitive damages. A jury would determine the amount of damages the injured worker is entitled to receive. Generally, this recovery would be more substantial the the limited workers' compensation benefits allowed.

If a workplace injury is caused by the negligence or wrongful conduct of some party not employed by the injured worker's employer, the injured worker can pursue a third party lawsuit. For instance, if an employee of Company X is injured due to the fault of ane employee of Company Y, the injured worker can file a third party lawsuit against Company Y and/or the employee of Company Y who was negligent.

If a recovery is obtained, either through a negotiated settlement or a jury verdict at trial, the injured worker's employer may be entitled to reimbursement for benefits paid by th eemployer. Often, attorneys for the employer and the injured worker negotiate how much of the settlement sum will be paid back to the employer. In North Carolina, any agreement regarding the amount of workers' compensation benefits to be paid back to the employer must be approved by the Industrial Commission, the agency that oversses administration of the Workers' Compensation Act in this state. Because the employer stands to get back some of the monty, the employer has an incentive to cooperate with the lawsuit.

A much more limited exception to the North Carolina Workers' Compensation Act exist where a workplace injury results from wrongful conduct on the part of the employer. To fall within this exception, the injured worker must prove that the employer knew that one of its employees would very likely be killed or seriously injured if the employer did not take corrective action. It is not enough for the injured worker to prove that the workplace was generally unsafe. Rather, the injured worker must show that the employer knew that workplace conditions were so unsafe that it was simply a matter of time before a serious workplace injury or fatality occurred.

Factors which will help an injured worker show that a workplace injury resulted from employer misconduct include the following:

• Numerous and repeated OSHA safety violations.
• The absence of any safety plan or safety rules at the workplace.
• An employer encouraging or requiring workers to perform work in an unsafe manner or without proper safety precautions.

If you, a friend, or a family member suffers an injury on the job, recovery most likely will be limited to those provided for under the North Carolina Workers' Compensation Act. Nonetheless, where circumstances exist which indicate workplace injury or death may have been due to the negligence or fault of a third party or employer misconduct, it is important to discuss all potential remedies with a knowledgeable attorney.