Greensboro Third-Party Claims in Workers' Compensation Cases

When you’re injured while performing your job tasks for your North Carolina employer, you’re usually entitled to workers’ compensation benefits. But what if someone other than your employer caused your injuries? Suppose you were walking across the lumberyard where you work and a delivery driver hit you; is workers’ comp your only recourse?

No, it is not. You may be entitled to file a claim against the person who injured you or their employer, depending on the circumstances. You can still collect workers’ comp benefits while you pursue this case, and the Greensboro third-party claims lawyers of Hardison & Cochran can handle everything for you.

You should never have to pay for the injuries and other expenses you incur when someone else is responsible for your injuries. Even if you think you can’t afford a lawyer, call our law firm. Here at Hardison & Cochran, we work on a contingency fee basis. That means you pay nothing up front, and you won’t owe us any fees unless we collect money for you.

Don’t wait. Call our office today to see if you’re eligible to file a third-party claim. Your case review is free and fully confidential.

Injured worker in Greensboro reviewing third-party workers compensation claim options with an attorney

What Are Third-Party Claims in Greensboro Workers’ Compensation Cases?

When you’re injured at work, you can file a workers’ comp claim to get medical benefits and partial wage replacement while you’re off work, healing. You don’t need to prove that anyone caused the accident that harmed you. You are entitled to benefits because you’re an employee. But what if someone other than your employer or a co-worker injured you?

If you’re unfamiliar with how workers’ comp works before pursuing a third-party claim, our step-by-step guide to the workers’ compensation claim process in Greensboro covers what to expect from injury reporting through claim acceptance or denial.

In that case, you can file a third-party claim. Unlike workers’ compensation claims, to obtain compensation in a third-party case, you must prove that someone else caused the accident that harmed you through their negligence or misconduct.

Types of Workplace Accidents That May Involve Third-Party Claims

Third-party workers’ compensation claims can arise from a variety of workplace accidents, such as the following:

  • Motor Vehicle Accidents — If you were driving to perform work-related tasks and another driver crashed into you, or if you were walking across a job site and got hit, you can file a claim against that driver. Vehicles that could strike you could include 18-wheelers, dump trucks, forklifts, cement mixers, and passenger cars.
  • Construction Site Accidents — Construction sites are work zones where many different companies interact. If someone other than your employer or a co-worker caused your accident, they can be liable for your injury. These accidents include objects falling from overhead, platforms or scaffolding collapsing, trenches collapsing, or contact with exposed wiring.
  • Defective Equipment — When a machine or other equipment you’re using malfunctions when you’re using it as expected, you may turn to the manufacturer for compensation. Types of defective equipment can include motor vehicles, warehouse equipment, manufacturing equipment, office equipment, food industry equipment, and more.
  • Unsafe Property Conditions — When you’re working on property owned by someone other than your employer, and a hazardous condition on the property that has no posted warnings injures you, liability belongs to the property owner or manager. Unsafe conditions can include potholes, pits, exposed wiring, slip hazards, falling debris zones, pest infestations, and hazardous materials.
  • Negligent Contractors — If other contractors work on the job site and an error or omission of theirs causes your injury, that could make them responsible for your medical expenses and other costs. Contractors could be responsible for poorly constructed scaffolding, leaving materials haphazardly piled or stacked, stringing electrical cords across walkways without properly covering or marking them, dropping tools and materials from overhead, or performing construction tasks or repairs poorly.

Common Third-Party Defendants in Greensboro Workplace Injury Cases

A number of parties could be liable for accidents on construction sites, including the following:

  • General contractors
  • Subcontractors
  • Property owners
  • Equipment manufacturers
  • Architects and engineers
  • Drivers going through or near the construction site

Damages Available in Third-Party Claims vs. Workers’ Compensation

A personal injury claim against the party that injured you while you were working can bring you compensation for many types of losses. You could get money for the following:

  • Medical Expenses — You can seek compensation for your current medical expenses for surgery, hospitalization, doctors’ visits from doctors of your choice, anesthesia, diagnostic testing, prescriptions, and travel to and from medical appointments. You can also get compensation for ongoing medical expenses if your injuries require care in the future.
  • Lost Income — You can get paid for all the wages you lost while you were off work healing from your injuries. Lost wages include overtime pay, bonuses, tips, and commissions.
  • Future Lost Earning Capacity — If your injury prevents you from returning to your pre-injury job and you must take a pay cut, you can seek compensation for the earning capacity you would have had if the accident had never occurred.
  • Pain and Suffering — A personal injury claim can provide money for your pain and suffering, including physical pain, emotional distress, anxiety, depression, PTSD, loss of enjoyment of life, and distress caused by any disfigurement or disability from your injury.
  • Property Damage — If your personal property or vehicle was damaged in the accident, your third-party personal injury claim can provide compensation for the repair or replacement of your property.

When you file a workers’ comp claim, the benefits you’re entitled to receive under North Carolina’s Workers’ Compensation Act do not include money for pain and suffering, nor will you get the entirety of your lost wages. Workers’ comp does not include payment for lost earning capacity. Workers’ comp benefits include the following:

  • Medical Benefits — These benefits will cover medical care from authorized providers selected by the employer.
  • Temporary Total Disability Benefits (TTD) — These are benefits payable while your injury keeps you completely off work. They pay two-thirds of your per-injury average weekly wage.
  • Temporary Partial Disability Benefits (TPD) — When you return to work with restrictions that prevent you from earning your full wages, these benefits pay two-thirds of the difference between your pre-injury average weekly wage and your current wages.
  • Permanent Total Disability Benefits (PTD) — When your injury results in the loss of both hands, feet, arms, legs, eyes, or any two of them, spinal injury resulting in paralysis, brain injury that results in severe and permanent neurological, communication, or sensory or motor disturbances, or second- or third-degree burns over 33 percent of your body, you can be paid PTD benefits for life.
  • Permanent Partial Disability Benefits (PPD) — If you have an injury that results in permanent impairment or loss of use of all or a portion of your body, you can receive PPD payments based on a schedule of injuries found in the Workers’ Compensation Act.

How Third-Party Claims Affect Your Workers’ Compensation Benefits

When you file a successful third-party lawsuit after a workers’ comp settlement, you’ll be required to compensate the workers’ comp insurer for any money they paid for your claim. One of the benefits of hiring a Greensboro work injury lawyer is that they can work to negotiate a reduction in that reimbursement so that you get to keep more of your third-party claim settlement or award.

Proving Negligence in Greensboro Third-Party Workplace Injury Cases

You need substantial evidence to prove that another party caused the accident that harmed you. Evidence that can be persuasive includes the following:

  • Incident reports from the location where the accident occurred
  • Police reports, if the police were called
  • Safety records of the facility where the accident took place
  • Employee training manuals of the company that the at-fault party worked for
  • Physical evidence, like broken machinery or vehicle parts
  • Medical records
  • Video from CCTV, traffic, surveillance, and dashboard cameras
  • Photos of the accident scene, your injuries, and damaged equipment or vehicles
  • Witness statements
  • Testimony from expert witnesses
  • Accident reconstructionist reports

How a Greensboro Third-Party Claims Lawyer Can Help

When you hire a third-party personal injury lawyer, they can take over all the details of pursuing a claim for compensation. You won’t have to worry about anything but healing. A lawyer can do the following:

  • Investigate the accident
  • Gather evidence that supports your claim
  • Identify all potential at-fault parties
  • Assess the total value of your claim
  • Send a demand letter to the at-fault party’s insurance company
  • Handle all communications with the insurer
  • Negotiate with the insurer for a full and fair settlement
  • File a lawsuit to preserve your right to take your case to trial
  • Represent you in court if no settlement can be reached

Contact Hardison & Cochran | Injury & Workers Comp Lawyers for Your Third-Party Workplace Injury Claim

When you’ve been injured on the job by someone other than your employer or co-worker, you may be entitled to more compensation than you can get through your workers’ compensation benefits. You need the experienced work injury lawyers of Hardison & Cochran.

We have more than 40 years of experience handling cases for injured workers. In that time, we have secured millions of dollars in compensation for our clients, and we can put the same dedication that obtained that money to work for you. You can read about how our clients feel about working with us on our Testimonials page.

Call us today for a free, no-risk consultation. We’ll discuss your case, advise you of your legal options, and help you figure out what to do next. There are no upfront costs for us to get started on your case, and you pay nothing unless we successfully resolve your matter.