You were hurt on the job. It has caused you much more than your physical pain. You may have been traumatized by the incident, face daily inconveniences, and simply cannot live the life you used to do. You are not entitled to damages for these losses. Why?
These damages, known as Pain and Suffering, are not a legal remedy under North Carolina Workers’ Compensation law. The reason why may surprise you.
Prior to the robust body of law known as Workers’ Compensation, personal injury law governed workplace injuries. If an employee was hurt on the job, it was their responsibility to seek compensation from the employer. That meant establishing negligence (or another relevant theory of liability). Essentially an injured employee had to prove “fault” on the account of the employer. That also meant, if the employee was at fault, they potentially stood to take nothing.
Following nationwide reform, North Carolina sought to eliminate these hurdles and protect both parties’ interests by moving away from personal injury liability and recovery. While this meant the elimination of pain and suffering, it afforded significant protection and advantages for employees.
Now, employees who are at fault for a workplace injury can still be compensated. North Carolina has a no-fault system, meaning even if you caused the accident, you can still be compensated.
The unpredictability, expense, and difficulty of proving employer negligence was eliminated in favor of a clear and definite process: what we now know as modern-day workers’ compensation. However, workers’ compensation laws do vary State to State. In NC, employees can be rest assured they will be quickly compensated and have their medical care paid for while they await a final determination of their claim, assuming the case is compensable. Employees need not prove negligence on the part of the employer. So, while pain and suffering damage are not available, negligence is not required to recover.
If you have been injured at work and think you may have a dual claim, we would encourage you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. At Shankle Law Firm, we can help educate you on your rights, as well as other components surrounding your injury and treatment.