Legal Question in Personal Injury in North Carolina

Can you sue for pain and suffering

In north carolina can you still sue for pain and suffering if you were hurt on the job. I have been out of work going on 4 years and have gone through two surgeries and five sessions of rehab. I have been told you can no longer sue for pain and suffering. If not, do i have any other recourses. I worked in north carolina at the time of injury, but live in Tennessee now. Would I have to get a NC or TN attorney.


Asked on 1/17/05, 1:16 am

1 Answer from Attorneys

George Lennon Lennon, Camak & Bertics, PLLC

Re: Can you sue for pain and suffering

If you were injured on the job, your "exclusive remedy" is workers' compensation. The exception arises if you were injured through the fault of someone not working for the same employer, such as an employee of a different subcontractor or a third party driver. Under workers' comp, you cannot recover for pain and suffering. However, comp is "no fault" and it is paid even when one of the causes of your injury is your own fault.

If you are unable to return to pre-injury work, you definitely need a lawyer. I'll be glad to speak with you about your claim. 1-866-FOR-ATTY

Extension 22. Also, check our web site for some workers' comp issues you may not have been aware of. Http://www.ncworkcomp.com

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Answered on 1/17/05, 9:39 am


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