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In North Carolina if you are
injured on the job, generally your sole remedy is filing a
workers' compensation claim. Any other claim against your
employer is barred except for some rare situations. However, if
you can show that someone other than your employer was
responsible for your injuries, you may sue that person or
entity. These are called third-party claims. This may include
a product liability claim against the manufacturer of the
defective machine that caused your injury, or a negligence
claim against a landowner who provided an unsafe work
environment for contractors. Often, the
Occupational
Safety & Health Administration will investigate
industrial accidents. Their investigation can be very helpful
in uncovering any third party claims. It however does not
replace an investigation done on your behalf and carried out
in a timely manner. You need to be aware that in product
liability claims, the product in question is often modified or
destroyed soon after the accident. If this happens before an
inspection is done on your behalf, the most crucial piece of
evidence will be gone and so might be your third party
claim. If you have been injured on the job, you should speak
with an attorney to find out about your rights under
workers'
compensation law. A knowledgeable attorney can also advise you
in regards to any third-party claim you may be able to bring.
Industrial Accidents FAQsWhat are industrial accidents?
Who is required to provide
workers' compensation coverage?
What must an employee do when
an injury occurs?
What benefits does an employee
receive while out of work?
When do I become eligible for
lost wage compensation?
How long will I be eligible to
receive lost-time weekly benefits?
What is a permanent partial
disability rating?
When should an employee file
for a hearing with the Industrial Commission?
How does an employee contact
the Industrial Commission?
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