North Carolina Personal Injury: Brain Injuries and Post-Concussive Disorder
Mar 25, 2018 by epfaff
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Workers’ compensation is a bit of a trade-off for injured workers. On the one hand, employers and their insurance carriers are obligated to cover the medical expenses and wage loss associated with on-the-job injuries, regardless of who was at fault in causing the accident. On the other hand, workers’ compensation is often inadequate for truly covering the costs of long-term injuries, and injured workers are generally not allowed by law to sue their employers for compensation beyond that allowed by the workers’ compensation system.
The good news is that, in many cases, there is more compensation available through third-party liability claims. Our Charlotte third-party liability claims attorneys have a wealth of experience helping injured workers get full compensation for their workplace injuries.
As its name suggests, third-party liability requires that someone other than your employer or a co-worker — a third party — is liable in some way for the accident that caused your injuries. Common scenarios for third-party liability claims include:
Because of workers’ compensation, injured workers generally do not have the option of suing their employers. If someone else was in part responsible for the accident, however, a third-party liability lawsuit is a way for an injured worker to obtain full and adequate compensation.
It is essential to work with an experienced legal team when bringing a third-party liability claim. Many issues arise when coordinating the third-party liability claim along with a workers’ compensation claim. One of the most important issues that arises in these cases involves insurance company reimbursement. If an injured worker obtains workers’ compensation benefits and then obtains more in a third-party liability lawsuit, the workers’ compensation insurer will claim a right to be reimbursed out any recovery from the liable third-party.
While there are ways to minimize or eliminate this obligation to reimburse the workers’ compensation insurer — thereby maximizing the recovery to the injured worker — it is a complicated process that requires careful, unified coordination between the two processes. That is why, at Brown, Moore & Associates, PLLC, we prefer to handle both the workers’ compensation and the third-party liability claims for our clients. We have many years of experience with these matters, and attorney Jon R. Moore has taught a number of Continuing Legal Education (CLE) courses to other attorneys on this very topic.
You can to talk with one of our attorneys, free of charge, about the possibility of increasing your compensation through a third-party liability claim. Call 704-323-7822 or 844-452-3688 toll free, or contact us online for a free initial consultation.