When Injury Occurs At Work Caused By Someone Other Than The Employer
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If a person is injured on the job he or she is entitled to certain workers’ compensation benefits. If someone is injured by the negligence of another; the victim is entitled to recover for his or her injuries.
We will discuss the injured person’s rights when they are injured by the negligence of another (not the employer) while they are also at work and working within the course and scope of their employment.
The fact that a worker recovers workers’ compensation benefits as a result of injuries sustained because of the negligence of a third person (by a third person or other legal entity other than the victim’s employer) does not prevent the victim from bringing a claim against the negligent party who caused the injuries.
Unfortunately, workers’ compensation benefits are very limited. While workers’ compensation benefits do pay a portion of the lost wages and for all related medical bills, workers’ compensation does not pay for pain and suffering, mental or emotional distress and many other elements of damage that can be recovered in claims against a negligent party other than the employer.
Because workers’ compensation benefits are very limited, it is always in the best interest of the victim to bring an action against a negligent third party in addition to filing the workers’ compensation claim.
The third party claim is brought in State or Federal Court the same as any other claim against a negligent party. In this third party claim damages can be recovered for pain and suffering, medical bills, mental and emotional distress, lost earning capacity, lost earnings and many other elements of damages that apply in ordinary negligence cases.
The employer and its workers’ compensation carrier have a lien, however on the proceeds from any recovery against a third party defendant. The employer and its workers’ compensation carrier get the first money received from the third party up to the amount it has paid in workers’ compensation benefits. This is by operation of a statute in North Carolina.
There is a provision however which allows a trial Judge in certain circumstances to reduce or completely eliminate the workers’ compensation lien such that the worker can receive the benefits from the third party claim without having to reimburse the employer or workers’ compensation carrier for all the workers’ compensation benefits received.
If for some reason the victim does not pursue a claim against a third party, the employer and its workers’ compensation carrier has a right, under certain circumstances to file a claim against the negligent party to recover the amount it has paid out in workers’ compensation benefits.
Issues dealing with a workers’ compensation lien are very complex and a lawyer should be consulted when contemplating filing a third party claim after workers’ compensation benefits have been received.