How Long Do I Have to Sue for Work-Related Injuries in North Carolina?

If you recently sustained an injury at work, you might wonder, “How long do I have to sue for work-related injuries in North Carolina?” The answer could be more complex than you may think. Recovery from a work-related injury in the state typically requires filing a workers’ compensation claim through your employer. However, this process could be more complex than you are prepared to handle on your own.

Understanding Workers’ Compensation Insurance

Almost every employer in the state is required by law to have workers’ compensation insurance, which comes into play whenever a covered employer’s employee sustains an injury on the job. This insurance prevents the employer from facing direct liability for the employee’s damages. Instead, insurance provides medical expense coverage and disability benefits to compensate the injured worker and help them recover.

After a workplace injury, the injured victim must report the injury to their supervisor and undergo a medical evaluation to qualify for benefits. The insurance company reviews their claim and then determines benefits based on the severity of their injury, how long it could take for them to recover, and their previous earnings prior to the injury. This insurance prevents the injured worker from suing their employer in most cases.

A successful workers’ compensation claim can result in full medical expense coverage for the claimant along with disability benefits that compensate them for their inability to work during recovery. Having an attorney’s assistance with the claim filing process will shorten the time required to complete the claim and reduce the chances of encountering any unexpected complications.

Pursuing a Personal Injury Claim for a Workplace Injury

It is possible for an injured worker to have grounds for a personal injury claim outside of their workers’ compensation claim. They can file a suit against their employer only under certain conditions, but if a third party outside of their work caused their injury, they can recover as much as possible through their workers’ compensation claim and then file a third-party personal injury suit to seek compensation for any remaining losses that insurance won’t cover.

Success with any personal injury claim in the state requires proving fault for the damages cited in the claim. The injured plaintiff will need to identify the party who caused their injury, prove exactly how they caused the injury, and then prove the entire extent of the resulting damages. They must also be prepared to prove that their damages solely resulted from the defendant’s actions and not from any other cause.

If you are wondering, “How long do I have to sue for work-related injuries in North Carolina,” the answer is that you face a similar time limit for both a workers’ compensation claim and a personal injury claim. The statute of limitations for both is two years, starting on the date the injury occurred. However, if you intend to file a workers’ compensation claim, you should file the suit as quickly as possible to have the greatest chance of success.

FAQs

Q: What Is the Statute of Limitations for a Personal Injury Claim?

A: The statute of limitations for a personal injury claim in the state is two years, and this time limit starts on the date the injury occurred. If you do not file your claim within this time limit, you will lose your chance to recover compensation from the party responsible for causing your injury. Note that if the exact cause of your personal injury can’t be immediately determined, the statute of limitations can start on the day you discover the cause of your injury.

Q: Can I Sue My Employer for a Work Injury?

A: You can sue your employer for a work injury only under certain conditions. If they do not have workers’ compensation insurance, you have grounds for a civil suit if you sustain an injury while working. If they forced you to perform a task outside of your usual job duties that had the virtual certainty of resulting in injury, it could also form grounds for a claim. A Concord on-the-job attorney can help determine any such issues present in your case.

Q: How Are Pain and Suffering Calculated in North Carolina Personal Injury Cases?

A: In North Carolina personal injury cases, pain and suffering can be determined in various ways, and there is no set formula you must use to determine how much to seek from a defendant. Generally, an attorney can seek pain and suffering compensation for their client based on the overall severity of their injury and the scope of long-term harm the defendant caused. The more serious the injury, the more the claimant is likely to recover in pain and suffering compensation.

Q: Why Do I Need an Attorney for a Personal Injury Claim?

A: You need an attorney for a personal injury claim if you want to reach optimal results in the shortest possible timeframe. Your attorney can handle all your case proceedings for you so you can focus on recovery, and they are also likely to identify avenues of compensation you may not have realized were available to you. You’re not only more likely to win your case, but you’re also more likely to maximize your compensation with their help.

Q: What Does It Cost to Hire a Personal Injury Attorney?

A: The cost to hire a personal injury attorney varies depending on an attorney’s individual billing policy. The team at Ayers, Whitlow & Dressler accepts personal injury clients on a contingency fee basis. This means your fee will be a percentage of your case award that you will pay only after we have won your case. There is no fee at all if we are unable to secure compensation for you.

The attorneys at Ayers, Whitlow & Dressler excel at resolving complex personal injury cases, including those pertaining to workplace injuries. If you are unsure how to proceed with your injury claim, we can help. Contact us today and schedule a free consultation with an experienced attorney who can identify the greatest challenges and opportunities you are likely to face as you seek compensation for your damages.