When you’re injured on the job in North Carolina, you might wonder: Do I file a workers’ comp claim or a personal injury lawsuit? The answer depends on how the accident happened and who’s at fault.
At Burt’s Law, PLLC, we help injured workers understand their rights—and choose the legal path that gives them the best shot at full recovery.
🛠️ What Is Workers’ Compensation?
Workers’ compensation is a no-fault system designed to cover:
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Medical bills
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Lost wages (partial)
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Disability benefits
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Rehabilitation services
You don’t need to prove fault, but in exchange, you usually can’t sue your employer directly—even if they were negligent.
⚖️ What Is a Personal Injury Lawsuit?
A personal injury lawsuit is filed when someone’s negligence caused your injury. Unlike workers’ comp, you must prove:
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The other party had a duty of care
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They breached that duty
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Their negligence caused your injury
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You suffered real damages (medical costs, pain, lost wages, etc.)
You may be able to recover more damages, including pain and suffering, which workers’ comp doesn’t cover.
🔍 Which Applies to Your Situation?
Here’s a quick breakdown:
| Situation | Workers’ Comp | Personal Injury |
|---|---|---|
| Slipped at work due to wet floor | ✅ | ❌ (unless third-party cleaning crew is to blame) |
| Injured by defective machinery | ✅ | ✅ (if manufacturer is at fault) |
| Hit by a delivery driver while working | ✅ | ✅ (you may sue the driver’s company) |
| Assaulted by a coworker or customer | ✅ | ✅ (depending on the facts) |
🧩 Sometimes You Can File Both
If your workplace injury involved a third party—like a contractor, property owner, or faulty product—you may qualify for both a workers’ comp claim and a personal injury lawsuit.
This can maximize your recovery and give you access to pain and suffering damages that workers’ comp excludes.
🛡️ Why Hire Burt’s Law, PLLC?
Workplace injury claims are complex—and insurance companies want to limit your options. At Burt’s Law, PLLC, we:
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Evaluate whether you have a third-party claim
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Handle workers’ comp filings and appeals
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Pursue maximum compensation through every available channel
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Fight for injured workers across North Carolina
📞 Free Consultation for Work Injury Victims in North Carolina
Call: (866) BURTS-LAW
Visit: www.burtslaw-nc.com
Injured on the job? We’ll help you figure out the best way forward—no pressure, just answers.
