Injured at Work? Understand Your Options

Getting injured at work often results in being unable to work. For many people, the prospect of losing any amount of income can be overwhelming, leaving them unsure of what to do. Thankfully, there are options available to you, but it’s important to choose the right path for your case. If you’ve been injured on the job, a Durham on the job injury attorney can help you understand your options. 

Workers’ Compensation

For most people, workers’ compensation is their best option when they are unable to work due to an injury or illness suffered while on the job. Workers’ compensation pays benefits to injured workers without requiring that your employer or someone else be at fault for your injury or illness. In fact, you may be eligible for workers’ compensation even if your employer claims that you were at fault.  Generally speaking, workers’ compensation benefits are available almost immediately to cover your medical expenses and lost income. However, there are a few things to understand about workers’ compensation: 

• Workers’ compensation does not cover your entire income – you are limited to two-thirds of your average weekly income. 
• You normally cannot sue your employer for ordinary negligence if they have complied with the Workers’ Compensation Act.
• Workers’ compensation does not provide any compensation for pain and suffering. 

By and large, the workers’ compensation system is a critical lifeline for most injured workers. The process can be complicated, but a Durham on the job injury attorney can help you navigate the process so that you can begin getting your benefits as quickly as possible. 

Personal Injury Claims Against Your Employer

Although the general rule is that you cannot sue your employer, there are some exceptions:

• You may sue your employer if your employer intentionally caused your injury. 
• You may sue your employer if your employer engaged in intentional conduct that was substantially certain to cause severe bodily injury or death. 

These are difficult cases with a high burden of proof. If you think your employer intentionally caused your injury, you should speak with a Durham on the job injury attorney as soon as possible. 

Third-Party Claims

If you were injured on the job by a third-party, you may be able to pursue a separate claim for your injuries against the party responsible. For example: 

• A road construction worker is struck and injured by a careless driver.
• A factory worker is injured when a defective piece of machinery fails. 
• A worker suffers serious burns from a product because the manufacturer failed to disclose the risk of injury

If you can pursue a third-party claim, you are entitled to seek compensation for your medical bills, lost income, pain and suffering, and other damages. However, there are a couple of challenges that you should be aware of: 

• You will have to prove that the third party was at fault in causing your injuries. 
• It could take weeks, months, and even years for your case to get resolved. 

Injured at Work? Call a Durham on the Job Injury Attorney

The attorneys at Martin & Jones have been representing injured workers in Durham, Raleigh, and across North Carolina for nearly 40 years. If you have been injured at work and need help, we can help you navigate your options. Email or call us today at 800-662-1234 to schedule a free consultation to discuss your case.