 |
| |
|
On-the job injuries can have a devastating effect on workers
and their families, both from an emotional and economic perspective.
At JMP, we have experience handling workplace injuries cases,
and we are eager to help injured workers and their families
achieve security and stability in their lives.
Workers' Compensation
Like all states, North Carolina has a comprehensive system of
workers’ compensation to provide for the care and benefit
of workers who are injured on the job.
Unlike most lawsuits, a worker need not prove that his employer
was at fault in order to collect workers’ compensation
benefits. Rather, a worker need only demonstrate that the injury
or illness occurred in the ordinary course of the worker’s
employment. In other words, if a worker is injured while performing
the normal duties of his job, he is entitled to recover workers’
compensation benefits.
Workers who are injured on the job are entitled to receive from
their employer full payment for all medical expenses incurred
in treating the injury, and are also entitled to receive as
much as two-thirds of their wages. Additional benefits are available
to workers who have suffered amputations or dismemberments and
to the families of workers who are killed on the job.
Third-Party Actions/Workplace Torts
Because workers need not prove fault in order to recover workers’
compensation benefits, North Carolina law limits the recovery
to items such as medical expenses and lost wages.
A workers' compensation proceeding is the worker's exclusive
remedy, and workers are precluded in all but the rarest cases
from pursing their employer in court. As a result, injured workers
cannot recover damages for emotional and physical pain and suffering,
which would be available in a legal proceeding.
Frequently, however, workers are injured on the job by people
and entities other than the employer.
For example, employees of contractors might be injured on the
job due to the negligence of a property owner or the negligence
of another contractor on the project. In other situations, workers
might have suffered injuries as a result of a dangerous condition
existing on the property or from using a defective product.
When a worker is able to identify a party other than the employer
who is responsible for his injuries, the worker is free to pursue
a case against that party in court. The compensation available
to the worker in such cases is not limited to lost wages and
medical expenses. Workers injured in these situations can recover
the full range of damages, including damages for emotional and
physical pain and suffering.
In a recent case, our attorneys helped recover more than $6
million on behalf of a worker who suffered severe electrical
burns while working at an electrical substation. In that case
the owner of the substation, and not the worker’s employer,
was at fault. This allowed the worker to proceed in court to
recover for his injuries.
JMP attorneys possess the expertise and attention to detail
that is required to proceed against large employers. Whether
that action moves forward as a workers’ compensation case
or a court action against third parties, JMP would like to help
you along the road of recovery. |
|
|
|
