Charlotte Third Party Claims Lawyer

Charlotte Third Party Claims Attorney

Employees who are covered by workers’ compensation insurance are entitled to claim workers’ compensation benefits in the event of an on-the-job injury. When the injury was the fault of someone other than a co-employee, the injured employee can also seek compensation from the liable party through a third-party claim in addition to workers’ compensation benefits. Consulting a Charlotte Third Party Claims Lawyer can help make sure that you pursue the maximum compensation available for your injuries.

These two cases — the workers’ compensation claim and the third-party claim — are related, but involve significantly different legal issues. To protect your ability to obtain compensation from both sources, you should obtain representation from a law firm that regularly handles both third-party and workers’ compensation cases.

Why Choose Ayers, Ayers & Dressler

The attorneys at Ayers, Ayers & Dressler have extensive experience in workplace accident cases involving both third-party litigation and workers’ compensation claims. We understand the many complexities these cases present and how to protect our clients’ interests at all stages of the legal process. When our law firm represents you, we seek to obtain the compensation you are entitled to from all sources.

Some types of accidents that can result in both a third-party claim and a workers’ compensation claim include:

• Motor vehicle accidents occurring while you are on the job
• Accidents caused by a contractor’s negligence
• Injuries caused by defective machinery and equipment

Compensation Available Through a Third-Party Claim

Workers’ compensation can provide benefits for qualifying medical costs and lost wages. However, most injured employees do not receive compensation for pain and suffering or other damages available through a personal injury claim. You could recover compensation for financial losses and other damages that exceed workers’ compensation benefits with a successful third-party claim. These losses could include: 

• Medical expenses: This includes the cost of past and future hospital care, surgery, rehabilitation, treatment, and any other necessary care.
• Lost income: This includes wages and employment benefits lost as a result of the injury, including partial losses not covered by workers’ compensation.
• Reduced earning capacity: This includes ongoing financial losses if permanent injuries prevent an employee from returning to their original job or earning similar wages.
• Pain and suffering: This includes physical pain and emotional distress caused by the injury.
• Permanent impairment: This includes damages associated with permanent disabilities and diminished quality of life. 

The amount of compensation available in your case depends on the severity of the injury, available evidence to prove negligence, and insurance coverage. You must also consider an employer’s or insurance carrier’s reimbursement rights associated with workers’ compensation benefits.

Understanding Third Party Claim Laws

Per N.C. Gen. Stat.  § 97-10.2, injured employees can file a claim against negligent third parties for money damages even if they are currently receiving workers’ comp benefits.

It’s important to note that the statute also grants employers and workers’ compensation insurance carriers reimbursement rights. Employers and insurers who have provided or who are going to provide benefits to the injured employee may be entitled to lien rights against the third-party settlement or judgment.

This statute also outlines a process for how settlement funds are to be distributed. Under certain circumstances, a qualifying judge may decide how much of a recovery should be reimbursed to the employer or carrier. 

Knowing how much the injured worker may have to reimburse his employer is important. In some cases, the worker may not keep all of the third-party settlement once attorneys’ fees, case expenses, and reimbursements are paid. 

Negligence & Third Party Claims 

When it comes to establishing negligence in a third-party injury claim, the core requirement is typically proving the other party was at fault. A person hurt at work should be able to recover damages by establishing that someone else’s negligence caused their injuries. In many situations, this may require police reports, witness interviews, and other forms of evidence.

North Carolina law follows a strict contributory negligence rule. This means that if an injured employee was also negligent in a way that contributed to causing the accident, he may be barred from recovering from a negligent third party.

Workplace Injury Statistics 

The U.S. Bureau of Labor Statistics reports that private industry employers reported 64,200 nonfatal workplace injuries and illnesses in North Carolina in 2024. Of these injuries, 35,700 required days away from work, job transfer, or job restriction. For 20,700 of these incidents, workers also had to take time off. 

Keep in mind that the statistics above account for all workplace injuries and illnesses. These numbers do not solely represent injuries caused by a third party’s negligence. Still, they show how often workers are hurt on the job and unable to earn a living.

Why Hire a Third Party Claims Lawyer

A worker injured on the job may want to hire a third party claims lawyer in Charlotte to investigate the circumstances surrounding the accident and the injury. A Charlotte third party claims attorney can identify all potentially liable parties and determine types of damages not recovered through workers’ compensation.

The lawyer can obtain the accident report, review any contracts between the different companies that may be involved, consult with the appropriate professionals, and negotiate with liability insurance companies. An attorney can also make sure that your personal injury claim is properly coordinated with your workers’ compensation claim.

If your case is pending in Mecklenburg County, then your claim may be heard in the Mecklenburg County Courthouse located at 832 East Fourth Street, Charlotte, NC 28202.

FAQs About Charlotte, NC Third Party Claim Laws

What Are the Rules for Filing a Third-Party Insurance Claim in North Carolina?

An injured person in North Carolina must usually prove that someone else’s negligence caused them harm. While some types of third-party insurance claims have specific rules, most require proof of the accident, medical bills, and damages. North Carolina law sets out specific rules regarding reimbursement and pursuit of workers’ compensation claims for workplace injuries. 

What’s a Mistake People Often Make When Dealing With an Insurance Claim?

A mistake that people make when dealing with an insurance claim is to accept a settlement without first understanding the full extent of their injuries and financial damages. Medical treatment could continue for months or years. Injuries can result in permanent disabilities.  Injuries can limit your ability to earn a living. Once a claimant signs a valid release of settlement, it may not be possible to request additional compensation.

Can a Third Party File a Claim Against an Insurance Company for Bad Faith in Charlotte?

In Charlotte, third-party claimants are generally not allowed to file a claim against another person’s liability insurance company just because that insurer refuses to settle their claim. Bad-faith claims are governed by the contractual relationship between the insurer and the individual or entity to whom the insurer provides insurance coverage. 

What Is the Procedure for Third Party Claims in Charlotte?

The process for handling a third-party claim in Charlotte generally involves determining who is at fault, gathering proof of the accident, notifying the correct insurance company, and supporting evidence of liability and damages. These are then negotiated. 

If a settlement cannot be reached, the claim may proceed to a personal injury claim. If the accident resulted in a work-related injury, there may be additional issues regarding your workers’ compensation claim and any reimbursement lien. 

Protecting Your Rights And Ability To Claim Compensation in Charlotte

An accident case in Charlotte, NC involving both a workers’ compensation claim and a third-party claim requires careful coordination of both claims. This is because a mistake made in one claim can affect your ability to obtain compensation from the other. At Ayers, Ayers & Dressler, we handle both types of cases in-house, minimizing the possibility of errors and avoiding the duplication of efforts. We seek the greatest possible result for you.

Contact A Charlotte Third-Party Claims Lawyer

The attorneys at Ayers, Ayers & Dressler can analyze potential third-party liability, work on any issues related to your employer’s right of reimbursement, and advocate on your behalf to recover the compensation you deserve. For a free initial consultation about your case, contact Ayers, Ayers & Dressler.