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Contact the Law Offices of James Scott Farrin
1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

Can I sue my employer over a work-related injury in North Carolina?

Good question. But we need a little more clarification first.

What do you mean by "sue my employer?"

If you mean to press charges or "sue" in the traditional sense, then no - you are not usually allowed to do so, in North Carolina and most other states.

But if you want to know if you can receive compensation for being injured at work, then that answer is: probably yes.

Workers' Compensation in North Carolina

Basically workers' compensation works something like this:

  1. Your employer takes out a workers' compensation insurance policy
  2. In return, you give up your right to sue your employer personally

In North Carolina, employers with three or more employees are required to carry workers' compensation insurance by law - although there are some exceptions.

There is not a specific point where you formally give up your right to sue your employer, it is simply implied when you are hired and there is a workers' compensation policy in place.

And in NC, workers' compensation is a "no fault" system - meaning it typically doesn't matter who or what caused the accident.

Law1_07312014A quick history of workers' compensation laws

Before workers' compensation laws were in place, if you got hurt on the job, you would have to sue your employer for the damages.

As we all know, the court system can be a long, drawn-out process. And if you're hurt, you probably don't have time to waste.

So workers' compensation laws were designed to provide a quicker route for an injured employee to receive medical benefits and payment for wages lost.

The benefit for employers is that they're no longer personally responsible for damages when you're hurt on the job.

But like most rules, there are exceptions.

When you CAN sue your employer (in court)

The exception to the "no suing" rule is if your employer acted in a way that may have been intentional.

For example, if your boss got angry and whacked you over the head with a chair, you would probably be able to sue them personally (and it might be time to look for a new job...).

A less clear situation might be if your boss didn't report something, like a dangerous chemical he/she was storing on site, and it injured you. In this situation, if your employer intentionally hid the dangers of something from you, then you might be able to sue him/her.

Need a NC workers' compensation attorney?

We have an entire department of lawyers who only work on workers' compensation cases.

Three of our workers' comp lawyers are NC Board-Certified Specialists in Workers' Compensation Law, several used to work for workers' compensation insurance companies and two of our attorneys used to work for the North Carolina Industrial Commission (NCIC - the legal body in charge of enforcing workers' comp laws).*

If you've been injured at work, call us for a free case evaluation today at 1-866-900-7078.

*Please note that some attorneys may have multiple designations.

Contact Information

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078