What’s the Difference, and Can You File Both in North Carolina?
Picture this: You’re out delivering a package for work when another driver runs a red light and slams into your vehicle. You end up with serious injuries, missed paychecks, and a stack of medical bills.
You file for workers’ compensation, but then a question hits you:
“Can I also sue the driver who hit me?”
Work Injuries Aren’t Always Black and White
This situation isn’t rare, and you’re not alone in asking. When you’re hurt on the job and someone else is to blame, it’s natural to wonder what legal options are actually on the table.
At Shankle Law Firm, we help injured workers in North Carolina understand the difference between workers’ compensation and personal injury claims, and whether you can pursue both.
What Is Workers’ Compensation in North Carolina?
Workers’ compensation is a state-mandated insurance system that provides benefits to employees who are injured or become ill because of their job and the injury or illness qualifies as a covered accident or illness. In North Carolina, it’s designed to help injured workers receive medical care and partial income while they recover, without the need to prove their employer was negligent.
Here’s what it typically covers:
- Medical treatment related to the work injury
- Partial wage replacement if you're unable to work (temporary total or partial disability benefits)
- Permanent disability compensation if your injury leads to lasting impairment
- Vocational rehabilitation if you need help getting back to suitable employment
Importantly, workers’ comp is a no-fault system. That means even if your injury was caused by a simple mistake, yours or someone else’s, you’re still eligible for benefits as long as it happened while performing your job duties.
But there’s a tradeoff: You can’t sue your employer for negligence in almost any situation. This is part of what’s known as the exclusive remedy rule. Your workers’ comp benefits are the only legal remedy available from your employer, even if their safety practices were lacking.
What Is a Personal Injury Claim?
A personal injury claim is different — it’s a civil lawsuit you file when someone else’s negligence causes your injury. To win a personal injury case, you must prove that:
- The other party had a duty of care
- They breached that duty (by acting negligently or recklessly)
- That breach caused your injury
- You suffered damages as a result
Unlike workers’ comp, which has strict limitations on what it covers, a personal injury claim allows for a broader range of compensation, including:
- Full lost wages (not just a portion)
- Medical expenses, past and future
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship, in some cases
These claims can be made against third parties — anyone other than your employer — such as a negligent driver, a subcontractor, a property owner, or a manufacturer of defective equipment.
Because PI claims require proving fault, they involve more time, evidence gathering, and legal strategy, but they also offer the potential for more comprehensive recovery.
Can You File Both a Workers’ Comp and Personal Injury Claim?
Yes, if a third party caused or contributed to your injury.
This is called a third-party claim. It happens when someone outside your employer is responsible for your work-related injury.
Common examples:
- A delivery driver is hit by another motorist
- A construction worker is injured by a subcontractor’s negligence
- A technician is hurt by defective machinery on a job site
In these cases, you can:
- Collect workers’ comp benefits from your employer’s insurer and
- File a personal injury lawsuit against the third party
One catch: the “Lien” or “Subrogation” Rule
If you win a personal injury settlement, the workers’ comp insurer may be entitled to reimbursement for the benefits they already paid you.
This ensures you don’t get compensated twice for the same losses, but a good attorney can help maximize your total recovery.
Why People Often Confuse Workers’ Comp and Personal Injury
It’s easy to see why injured workers get confused. In many cases, you’re hurt doing your job, but someone else caused it. That puts you in the middle of two very different legal systems.
Here’s why it gets complicated:
- Same injury, different rules: Workers’ comp and personal injury can both apply, but they follow different laws, timelines, and standards.
- Fault vs. no-fault: Workers’ comp doesn’t require proving fault. Personal injury claims do.
- Different benefits: Pain and suffering? Not covered in workers’ comp, but it’s often a key part of PI cases.
- Not everyone knows a third party might be liable: Many workers don’t realize that someone outside their employer may be responsible, and that they have a legal right to pursue both paths.
Without proper guidance, injured workers may miss out on valuable compensation or accidentally harm one case while pursuing the other. That’s why having a firm that understands both systems — and how they interact — is so critical.
What Should You Do If a Third Party Might Be Involved?
If you were hurt on the job and someone outside your employer may be at fault, it’s important to take specific steps to protect both your workers’ comp rights and any potential personal injury claim.
Here’s what to do:
- Report the injury immediately to your employer and begin the workers’ comp claim process — don’t delay.
- Gather evidence showing how the third party was involved. This might include:
- Photos or videos of the scene
- Witness names and statements
- Police reports or incident documentation
- Equipment logs or inspection records
- Do not assume you can only file for workers’ comp. Many workers settle for limited benefits without realizing a personal injury claim is also an option.
- Talk to a law firm that understands both areas of law. You need someone who can identify all possible avenues of recovery, and coordinate them without putting one at risk.
Important: If you receive a personal injury settlement or verdict, the workers’ comp insurer may have a right to be reimbursed for benefits they’ve already paid. This is known as a subrogation lien, and mishandling it could cost you thousands. A lawyer who knows how to manage both claims can help minimize the lien and maximize your total recovery.
How Shankle Law Firm Helps in These Complex Cases
We’ve guided many North Carolina workers through cases where both claims are in play — and they often don’t even realize it at first.
Our team:
- Knows how to spot third-party liability
- Coordinates workers’ comp and personal injury claims to avoid costly mistakes
- Protects your rights if there’s a lien on your PI settlement
- Supports you through the legal and emotional stress of injury recovery
Bottom line: You don’t have to navigate this alone.
You May Have Rights to Both, Let’s Talk
If you were injured on the job but someone else was at fault, you may be entitled to more than just workers’ comp.
At Shankle Law Firm, we’ll explain your options clearly, fight for what you’re owed, and help you make informed choices every step of the way.
Call today for a free consultation. There’s no pressure, just clarity.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.