Other Questions

Can I sue my employer?

Generally, an injured worker may not sue his employer for negligence.  A worker's "exclusive remedy" for a workplace injury is workers' compensation benefits.

There are, however, some circumstances in which a worker may sue his employer or co-employee.  First, when the employer intentionally harms the employee, a lawsuit is permitted.  Second, in rare circumstances, when the employer intentionally engages in misconduct knowing with a substantial certainty that serious injury or death will result, the worker may maintain a lawsuit against his employer.  Finally, a worker who is injured by the willful, wanton, or recklessly negligent conduct of a co-employee may bring a lawsuit against the co-employee.

Please note, if a third party outside of the company causes the injury, you can sue that third party in addition to filing a workers' compensation claim against your employer.  Please see our pages on Construction Injuries and Workplace Injuries.

What if the accident was partly or all my fault?

Workers' compensation is a no-fault system.  Even if a worker is at fault in causing his own accident, he is entitled to workers' compensation benefits.  The only exception to this general rule is when the employee is intoxicated at the time of injury, and the intoxication causes the accident.  Under such facts, the workers' compensation claim can be barred.

If an employee willfully disobeys a safety rule, which causes the injury to occur, the compensation the employee is entitled to receive can be reduced by ten percent.  The willful failure of the employer to obey a safety rule can result in a ten percent increase of the workers' compensation benefits.

What are my rights if I am hurt by someone other than my employer or a co-employee?

Whenever a worker is hurt by someone other than his employer or a co-employee, he might have a legal claim against the negligent party.  This legal claim is in addition to the workers' compensation claim the worker can file.  Please see our pages on Construction Injuries and Workplace Injuries.

It is very important to pursue these claims because there may be additional recoveries obtained above and beyond what the Workers' Compensation Act allows the injured worker to receive.

A good example of where a third-party claim is allowed is when a delivery driver is involved in an automobile accident and the person causing the accident is not the employer or a co-employee.  In this instance, the injured worker can file both a workers' compensation claim and a third-party negligence claim against the driver who ran into the vehicle.  A third-party claim can also arise when a defective machine or product causes a worker to be injured.  In such cases, he or she may file both a workers' compensation claim and a product liability claim against the manufacturer of the machine or defective product.

Can my employer fire me because I have filed a workers' compensation claim?

Your employer cannot fire you because you have pursued a workers' compensation claim.  If your employer has retaliated against you for pursuing a workers' compensation claim, the North Carolina Department of Labor should be contacted immediately at (800) 522-6762.

You must take action within 180 days of the retaliatory act.  An employer may be within its rights to terminate an employee if the worker is unable, because of his injuries, to return to work.