Why Would You Enlist a Third-Party in a Workers’ Compensation Case?

Workers’ compensation is a no-fault system of compensation to provide medical care and partial wage replacement for employees in North Carolina. Yet, it also usually prevents you from suing your employer for further damages. If you’ve been hurt, you may be wondering, “Why would you enlist a third-party in a workers’ compensation case?”

Third-Party Workers’ Compensation Claims

Workers’ compensation provides benefits for workers after a job-related injury or illness. A variety of injuries are covered. Claims for workers’ compensation must be promptly filed by the injured worker, and benefits are not automatically provided. You must provide notice in writing to your employer within 30 days of your accident, and you have two years to file a claim for benefits with the North Carolina Industrial Commission.

Generally, you may be entitled to compensation for any work-related injury or illness, whether it’s physical or mental. However, sometimes employees do not receive compensation that fully addresses their injuries. Involving a third-party in a North Carolina workers’ compensation case often allows you to pursue additional compensation that’s typically not available through standard workers’ compensation claims.

If someone other than your company or a co-worker was negligent and caused your injury or illness, you can file a separate personal injury claim against that third party. A third-party simply means any individual or company that’s responsible for your injury or illness that isn’t your employer or your co-worker. If third-party negligence contributed to your accident, you may be able to file a separate case against them while still receiving workers’ comp benefits.

Benefits of Third-Party Workers’ Compensation Cases

With separate third-party workers’ compensation cases, victims may be awarded additional non-economic losses not typically permitted with a standard workers’ comp claim. They may be awarded damages for emotional distress, physical pain, and loss of enjoyment of life.

These settlements often include wage replacement, and in many cases, reimbursement consists of an entire wage replacement. With workers’ comp claims, you typically only receive two-thirds of your average weekly wages. A successful third-party claim can recover 100% of all lost wages.

With a third-party negligence case, you may also have more flexibility in choosing your healthcare providers. Whether you live in Greensboro or Durham, you may want the medical freedom to find your own providers. With a workers’ comp claim, you’re typically limited to employer-approved doctors.

With the workers’ comp system, you cannot recover punitive damages, which are designed to punish egregious negligence or misconduct. In third-party scenarios, you can recover punitive damages. However, unlike with standard workers’ comp claims, you do have to prove a third party was negligent in order to have a successful outcome for a third-party personal injury case.

In 2024, 60,000 nonfatal on-the-job injuries and illnesses were reported in North Carolina. Not all of these incidents resulted in a workers’ compensation claim. This is because not all of them were the fault of the employers. Some accidents are the fault of the employee. In cases in which it was found that the negligence of the injured worker caused their accident, no settlement was awarded because no negligence was found otherwise.

However, in cases that did not find the employer at fault, many victims realize that it was a third party who was actually at fault for their injury. For these workers who realize this before it’s too late, they may be able to obtain compensation from the responsible party in a civil suit. In these types of cases that involve several interested parties, hiring a third-party workers’ comp attorney can make a difference in the case.

Reach out to an experienced attorney to review your situation and discuss your likelihood of achieving a successful resolution in your case.

Why Choose Us?

When you hire a workers’ compensation lawyer from The Bollinger Law Firm, PC, you get an attorney with experience representing countless successful third-party workers’ compensation claims. When the workers’ compensation system shows favor to employers over workers, our firm knows how to handle the situation and work it to our client’s advantage. Since 1999, The Bollinger Law Firm, PC, has helped injured workers across North Carolina.

Before his legal career, founding attorney Bob Bollinger spent years in physically demanding roles. From a furniture factory employee to an electric car production line worker, we have seen workplace injuries firsthand. Mr. Bollinger understands the toll these jobs take on workers and uses that perspective to advocate for his clients. We help employees secure the medical coverage and lost wages they deserve.

Our firm operates on a 25% contingent fee for workers’ comp cases, which means you owe us nothing upfront. We only receive a fee if we are successful with your case. Feel free to ask us more about our fee agreement at a no-risk initial consultation.

FAQs

Q: What Are Some Common Kinds of Third Parties?

A: Some common kinds of third parties that workers often file compensation claims against include negligent drivers, property owners, subcontractors, and service companies. Product manufacturers can also be held liable if, for instance, an injury is the result of faulty equipment used on the job. Or, if an outside vendor was hired to maintain equipment that failed due to improper maintenance and caused an injury, the injured worker may be able to sue the vendor.

Q: Do Third-Party Cases Provide More Compensation Than Workers’ Compensation Alone?

A: Yes, third-party cases generally provide more compensation than workers’ compensation alone. With a third-party case, you may seek damages that are usually excluded from workers’ compensation benefits. You may receive damages for pain and suffering, emotional distress, 100% of your lost wages, loss of enjoyment of life, loss of future earning capacity, and punitive damages in cases of gross or extreme negligence.

Q: How Long Does It Usually Take to Settle a Third-Party Case?

A: The time it takes to settle a third-party case is different for every case. Case-specific factors dictate the timeframe of these types of workers’ compensation cases. If parties are able to negotiate effectively, the case can be completed quickly. However, if investigations are necessary or a trial hearing is required, it can take longer. Contact a knowledgeable third-party workers’ compensation lawyer for help estimating the amount of time your case might take.

Q: What Are Signs of an Acceptable Settlement Offer?

A: Signs of an acceptable settlement offer for a third-party workers’ compensation claim are offers that fully cover the needs of the injured individual. This includes current and future medical bills, compensation for pain and suffering, and a full recompensation of lost wages. However, this extent of covered damages is difficult to obtain, especially without a qualified attorney.

Hire a Workers’ Compensation Lawyer at The Bollinger Law Firm, PC

Whether you’re a Charlotte trucker or an Asheville teacher, if you’ve been hurt at your job, calling us is risk-free. Contact The Bollinger Law Firm, PC, to schedule your first meeting with our trusted North Carolina workers’ comp, third-party claim, and employment law team. We have the resources you need to succeed in seeking compensation from a third party.