North Carolina workers have a right to expect that worker's compensation benefits will cover their expenses if they suffer a job-related injury or illness.
What they may not realize is that, while workers' compensation benefits serve as a sole remedy barring claims against an employer, acceptance of these benefits does not forbid a worker from filing third-party liability action against other entities that may bear responsibility for the injury. Our Asheville workers' compensation lawyers can help with both types of claims.
The standard of proof in the two cases, however, are likely to be vastly different. In a workers' compensation claim, one must prove that the injury in question occurred during the course of one's employment. In a third-party lawsuit, one must prove not only that negligence occurred, but that negligence was a proximate cause of the worker's injuries or ailments. Workers can collect both, but will need an experienced attorney to handle their claims.