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Every employee, with certain exceptions, is entitled to Worker’s Compensation benefits if that employee is injured while working. The also applies to employees who drive for their employment or do a majority of their work driving. In addition to the Worker’s Compensation benefits, an employee who is injured while operating vehicle on the job may also have a separate and distinct “third party claim” for negligence if the work related accident occurred due to the fault of another driver. This is commonly referred to as a third party claim since it is totally separate from the WC claim against a “third party”, not the employer or his WC carrier.
Worker’s Compensation benefits essentially boil down to your employer paying for your medical expenses and lost wages because you were injured in an accident while working for them. Unlike most auto accident cases in North Carolina, the employee can be at fault and still receive these benefits. In order to get these benefits, the employee must follow the proper steps under the Workers Compensation Statute. The Charlotte workers’ comp attorneys at Auger & Auger can help you file the claim and make sure that you receive the WC benefits and settlement that you may be entitled to depending on the nature of your injuries.
Unlike the Worker’s Compensation law, the employee filing a third party claim for injuries sustained in a motor vehicle accident, cannot recover if he or she is partly at fault for the accident. To be considered for a claim like this, the other driver must be at fault, which means the other driver must have done something to cause the accident (speeding, inattention, running red light, etc.).
If the other driver caused the accident which lead to the injuries, the injured employee has a right to file a “third party claim” against the other driver and their insurance company. The employee will have two distinct and pending injury actions, one under the employer’s workmans’ compensation insurance and the other for negligence against the at fault driver and his automobile insurance carrier. Our Charlotte injury attorneys can help you with the third party claim in addition to the worker’s comp claim.
The attorneys at Auger and Auger have over 25 years of experience dealing with Charlotte worker’s compensation claims as well as Charlotte third party automobile accident claims. If you or someone you know has been injured in a work related car accident, you may call us for a free and confidential consultation to learn your rights under both areas of law.