Can you sue your employer in North Carolina? Generally, no, you cannot sue your employer in North Carolina due to the Workers’ Compensation Act, except under specific circumstances.
However, you may be able to sue a third party, such as a property owner, if their negligence led to your injury. Consulting with a Charlotte premises liability lawyer is one of the most effective ways to see if you have a case.
Common Workplace Injuries
Each workplace is unique, and with that comes its own hazards. However, there are some injuries that tend to be more common than others. Those may include:
- Overexertion injuries
- Slip and fall injuries that could require a slip and fall lawyer in Charlotte
- Machinery accidents, including entanglement or struck by injuries
- Cuts, scrapes, and burns
- Exposure to toxins
Workplace injuries are legally unique because North Carolina law generally limits lawsuits against employers, requiring careful legal analysis.
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A Third-Party May Be Liable for Unsafe Workplace Property Conditions
Oftentimes, your employer is not the legal owner of the property where you work or where the injury occurred. While workers’ compensation typically prevents you from suing your employer, it does not prevent you from suing third parties who would be responsible for maintaining safe premises.
A third party may be liable when they had a duty to keep the property reasonably safe and failed to do so. This can include landlords, property owners, property management companies, or maintenance contractors. If they were negligent, intentional or not, they could be financially responsible for your injuries.
These claims often arise in office buildings, shopping centers, warehouses, and shared commercial spaces. If you were hurt in a workplace injury, you may have a premises liability case and could have the right to collect compensation beyond what you receive through workers’ comp.
You May Still Be Eligible to Pursue a Personal Injury Claim, Even If It Is Not Against Your Employer
In some cases, there may be multiple parties working on the same premises. If your injury was the result of a contractor’s or property owner’s negligence, you may still be able to file a claim. Third parties who may be responsible for your injuries can include the following.
Property Owners and Managers
Property owners have a responsibility to ensure the environment is safe and hazards are dealt with or communicated properly. Oftentimes, they have property management groups handle the day-to-day operations, but as the legal owners, they are still ultimately responsible.
Sub-Contractors
In many professions, especially in the trades, there are constant subcontractors on-site performing different duties. If they were hired to do a job but ended up causing you harm, you may have a legal case against them.
Negligent Drivers
Workplaces often have drivers on the premises. Whether it be delivery drivers, commuters in the parking lot, or drivers on the road that you encounter while working, if their negligence caused you harm, you could be entitled to compensation. A Charlotte car accident lawyer can work with you to determine if you have a case.
Equipment Servicers
Third parties are often brought in to maintain equipment such as machinery, tools, IT equipment, or HVAC. These vendors are responsible for ensuring that any work they do on the premises is done so safely, following all protocols and standards.
Other Third-Party Vendors
Any person or entity not directly employed by your employer could be considered a third-party. Cleaning crews, security teams, and repair teams are all examples of potentially liable groups if you become injured at work. If anyone outside of your employer contributed to your injury, you may be entitled to additional compensation.
In general, you cannot sue a co-worker or your employer if you collect workers’ compensation, but if your injury was caused by someone else, either on or responsible for the premises, you may be entitled to compensation. Working with a Charlotte personal injury attorney is the first step to understanding what your case may be worth.
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When Employer Negligence Becomes Grounds for a Lawsuit
It is not uncommon for workplaces to become hazardous, especially in construction or factory settings. When unsafe conditions rise beyond ordinary negligence, or if you or other employees have been asked to break protocols or work in unsafe environments, you may be able to sue your employer.
Knowingly Exposing Workers to Dangerous Equipment
Every piece of equipment generally has maintenance requirements that are determined by the manufacturer. If employers do not abide by these schedules or knowingly ask employees to utilize broken equipment, a lawsuit may be justified.
The Occupational Safety and Health Administration (OSHA) has strict guidelines on how each workplace is expected to protect its workers. From regulations on safety equipment to required training and breaks, these guidelines are put into place to ensure safety for workers. Disregard for these standards can leave employers liable for injuries.
Removing Safety Guards or Protective Devices
Most jobs have safeguards put into place to prevent employees from injury. This can include personal protective equipment such as hard hats, eye protection, and skin protection, along with other safety gear such as harnesses.
If employers remove or do not provide proper equipment but still require that the job be done, you may be able to sue your employer in North Carolina.
Forcing Employees to Work in Hazardous Environments
In certain professions, there are times when it is unsafe and generally considered unacceptable for an employee to work. If an employer forces a worker to still work in said environment, they could be liable if an injury occurs.
If an employer knowingly has an employee work in an unsafe environment and does not take action to correct the hazard, they could be held liable in a lawsuit for any injury that occurs.
The distinction here between an injury handled by workers’ comp versus the employer is whether or not intentional misconduct occurred.
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In Pain? Call Shane!
At Shane Smith Law, we believe that you should be able to go to work and feel protected. If you have been injured on the job, before accepting any settlement offers, it is best to speak with a qualified attorney. Your case could be worth more than you realize.
We work hard to build your case and secure the highest settlement offer available. Don’t settle for less. Call us today to get started.
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