If the answer to that question is yes, then we either have very frustrating news or great news for you. We wish it were just good news all the time but it never is… Here’s the follow up question: if you were injured by someone else’s negligence was that person employed by your employer?
If you were injured by the negligence of a coworker it is essentially impossible to bring anything but a workers compensation claim against your employer. On the other hand, if you were injured by the negligence someone outside of your company you can bring a lawsuit against them – in addition to your workers comp claim.
Here is where it gets tricky… Because your employer lost out due to that other persons negligence your employer can also bring a claim against that negligent person. But only one claim can be brought. We’ve seen situations where the employer slips in and tries to collect all the available money without ever telling the injured worker about it.
Another problem area occurs when the injured worker does all the work to recover money from the negligent party and then the workers comp adjuster swoops in and tries to take most or all of it. Can she do that? As awful as it seems under North Carolina’s anti-injured worker leanings, yes she can. there are certain things which you can do to protect yourself from that.
At Oxner + Permar we have substantial experience is coordinating the workers compensation and personal injury cases so that you get the maximum combined recovery. This is a very tricky area of the law. So, if you believe you were injured due to someone else’s negligence give us a call so that we can help explain your options.
This article was written by Chip Permar
