Legal Question in Personal Injury in North Carolina
Can a third party be held accountable as well in WC matters?
Hi I have an on going worker's compensation case that is being handled by another attorney. I was a truck driver delivering food products to a local hotel. There had been an ice storm, and the parking lot, and sidewalks were not cleared. I spoke with the manager of the hotel, and he told me the best way to bring the product in. I had just about finished, and was carrying in my last box. When I lost my footing, and heard a pop in my back.
I have been to several doctor, and they have tried various things. Finally the last Doctor told me that I would just have to learn to live with the pain. On top of that I was making 54,000 a year before the injury. Now the my doctor says I am not longer able to drive a truck. So not only do I have to deal with the pain on a daily bases. I have also lost my way of living.
2 Answers from Attorneys
Re: Can a third party be held accountable as well in WC matters?
The other responder is absolutely correct. You can recover against this third-party (if you can prove your case). Your workers compensation carrier, however, may be entitled to a portion of that recovery. The bigger problem, however, will be establishing the negligence of the establishment (depending on e.g. when it snowed, and perhaps their resources), and then more importantly your own potential negligence. They will almost certainly say that you were aware of the icy conditions. You should of course speak to your present lawyer about this matter; he or she should be able to advise you.
Re: Can a third party be held accountable as well in WC matters?
Yes, NC General Statutes 97-10.2 provide for the possibility of recovery from a third party who negligently causes injury to someone harmed in the scope and course of thier employment. However, slip and fall cases are exttremely difficult to win in NC, so unless the fall occured in another state, the liklihood of successfully pursuing such a claim would not be good.
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