Can I File a Personal Injury Lawsuit Against My Employer in Charlotte Instead of Going Through Workers Compensation?

workers' comp

If you’ve ever gotten hurt at work, you are probably familiar with how the Workers’ comp system works in North Carolina. It feels like you need to jump through hoops just to get your benefits. It shouldn’t be that difficult but, sadly, for most people, it is not easy. One way to avoid this becoming a hassle is to talk to an experienced personal injury lawyer in Charlotte right away.

Your attorney can make sure that your claim is handled properly from the start. They will talk to your employer and their insurance company. If your claim is denied, they can try to negotiate payment. And, if this doesn’t work, they’ll file a claim in court on your behalf.

What a lot of people don’t understand is why they can’t just sue their employer for personal injury. After all, if it weren’t for your employer, you wouldn’t have gotten hurt. The problem is that it doesn’t work this way. The law does not allow you to sue your employer in civil court. That is why the workers’ comp program exists.

Here, we’ll explain why you’re required to go through the workers’ comp system instead of suing in court. We’ll also let you know what steps to take to protect your interests. If you have any questions, the best thing to do is call our office and talk to an experienced workers compensation lawyer in North Carolina.

Employers are Protected by the Workers Comp System

If employers had to pay to defend a lawsuit every time a worker was injured, they would go bankrupt in no time. It is in the best interest of everyone that companies stay afloat. As a result, the law states that you need to pursue any work-related injuries through the workers’ compensation system.

The good news is that almost all employers are required to carry workers comp insurance. This protects you and every other worker. Otherwise, if you got injured on the job, your employer could tell you that you’re on your own when it comes to medical treatment. They would also refuse to pay you replacement wages.

It may not seem fair. However, this is how the system is set up. It can be hard to navigate. That’s why it’s in your best interest to retain a skilled injury lawyer in Charlotte as soon as possible after your work accident.

What Should You Do Immediately After Your Workplace Accident?

There are certain things you need to do in order to protect your workers’ comp claim in North Carolina. If you don’t follow these basic steps, your claim may be denied. If your injury truly took place at work, there’s a good chance your benefits will be paid. Your medical care will also be covered. However, to ensure that your claim is protected, follow these basic steps:

  • Always report your accident or illness to your manager or Human Resources department – Most companies have a written policy that outlines how this is to be done. You may need to fill out an incident report. Or, you may need to report the accident to a certain individual. Make sure you follow this policy exactly.
  • Get medical treatment immediately from a company-approved doctor – You can’t just leave work and see your primary care physician. You are required to see a company-approved doctor. You also want to make sure that you comply with your doctor’s treatment plan and recommendations. If you refuse treatment or don’t show up for appointments, your claim may be denied.
  • Take the drug test as requested – Almost every company has a policy that states all employees must submit to a drug test if they get hurt at work. If you refuse this test, your claim will more than likely be denied. Your employer has a right to protect themselves from injuries that are caused by impairment from drugs or alcohol.
  • Call a skilled worker’s comp attorney in Charlotte immediately – You don’t want to wait until your claim is denied to seek help. Call our office as soon as possible after your workplace accident.

Talk to a Seasoned Workers’ Comp Lawyer in North Carolina Right Away

If you get hurt at work, you need someone by your side. Call our office right away and schedule your free initial consultation. Let one of our seasoned workers’ comp attorneys help you from day one. The consultation is free and you don’t pay until your case is resolved.