The Law Offices of James Scott Farrin regularly handles cases for people who are injured in accidents where the injured person can pursue both a personal injury negligence claim and a workers’ compensation claim.
Injured While Driving on the Job
Typically what we might see while someone is driving for work are auto or truck accidents. For instance, I have represented salespeople who have been injured in a car accident while traveling from one sales call to the next. In those circumstances, the individual would likely have both a workers’ compensation claim and a personal injury claim against the individual that caused the wreck.
Other Workers’ Comp and Personal Injury Claims
Other types of accidents can also result in two claims being pursued at the same time. These might include construction accidents, accidents with faulty equipment, and other types of accidents that occur when someone acts unreasonably and causes a person to be injured.
It is important to consider legal representation if you are injured in an accident where two separate parties may be responsible for paying your damages. Things can get very complicated very fast because of the many entities involved. If you try to handle your claims without legal help, it can result in one party taking advantage of the other party’s payment of benefits, potentially causing you to receive less than the maximum you may be due by law.
How Do I Pursue a Workers’ Comp and Personal Injury Claim at Once?
Generally speaking, when an accident occurs which is the fault of another individual, and that accident occurs when the injured person is working, the workers’ compensation insurance carrier is responsible for payment of medical expenses and wage replacement while the injured person is unable to work. Typically (hopefully), the workers’ compensation insurance carrier begins paying benefits immediately. That is one of the significant benefits of filing a workers’ compensation claim.
The individual or other party that caused the injury will not normally begin paying any sort of damage at the beginning of the claim. Instead, that claim would be pursued separately while the workers’ compensation claim is moving forward. Then, once the injured person’s medical treatment stabilizes and their future medical treatment needs become clearer, it may then be appropriate to pursue payment of damages from the party that caused the injury.
When pursuing these types of claims, it is very important to consider how the workers’ compensation payment of benefits affects the other party’s responsibility for payment of benefits. In most cases, the payment of benefits by the workers’ compensation insurance carrier will be evidence of the injured person’s damages and used to try to prove that injured person’s case against the negligent party.
However, the workers’ compensation insurer will have a legal right to seek repayment from the negligent party. If the resolution or settlement of these claims is not coordinated for the benefit of the injured person, then the injured person could lose substantial potential damages.
As you can see, these types of cases can become very complex very fast and there are a lot of moving parts and changing scenarios that need continual monitoring.
James Scott Farrin Personal Injury Lawyers
We often work with our North Carolina personal injury lawyers in a collaborative effort to try to ensure our clients get the maximum they are potentially due for their damages under the law.
Our personal injury attorneys fight for you inside and outside the courtroom. They have won awards and have been recognized for community, civic, and legal advocacy in many settings, including the North Carolina Advocates for Justice (NCAJ), a state-wide legal advocacy group.
Every year since 2006 one of our personal injury attorneys has achieved the designation of “Super Lawyer” by North Carolina Super Lawyers Magazine, and since 2008, Best Lawyers in America’s “Best Lawyer.”3 In 2016 that same attorney also achieved Best Lawyers in America’s “Lawyer of the Year” designation for the Raleigh area, and Business North Carolina’s Legal Elite in 2015.3
One of our attorneys is the author of a number of published legal articles and helped write a part of the North Carolina Personal Injury Liens Manual. Many have spoken at seminars for legal and advocacy organizations, and one is admitted to practice before the U.S. Supreme Court.
Our legal expertise has been sought for coverage in the media for both English and Spanish-speaking outlets.
With roughly one million Hispanic/Latinos in North Carolina, we think it’s important to have attorneys, paralegals, and administrators on staff who are bilingual. We have over 30 bilingual staff that help serve our Hispanic/Latino community.
Learn More: Our Car Accident Team
Learn More: Our Litigation Team
James Scott Farrin Workers’ Comp Attorneys
Our firm was named one of the “Best Law Firms” for workers’ compensation by U.S. News – Best Lawyers® for the greater Raleigh area in 2018.3
That doesn’t happen by accident. So who’s on this team?
- Former defense attorneys and paralegals for insurance companies who have worked inside the insurance companies (they know what you’re up against).
- More than half our workers’ comp attorneys are NC Board Certified Specialists in Workers’ Compensation law. This is a NC State Bar certification denoting a high level of proficiency in a particular practice area, and less than 4% of licensed NC attorneys can make that claim.4
- We have a former North Carolina Industrial Commission Special Deputy Commissioner and Deputy Commissioner.
- We have a former North Carolina State Senator who was elected to serve four terms. He also helped write some of North Carolina’s workers’ compensation laws.
- Many of our attorneys have been acknowledged by colleagues and peers. They are often asked to speak at seminars for other workers’ compensation attorneys. Others are accomplished authors of scholarly articles and two have received coveted awards for workers’ compensation, including Best Lawyers “Best Lawyer” and NC Super Lawyers Magazine’s “Rising Star.”3 One was named NC Super Lawyers Magazine’s “Super Lawyer” three times and Best Lawyers “Lawyer of the Year” for Raleigh twice.3
- Our attorneys are advocates for those without a voice. And that is often the injured worker. Of our 13 workers’ comp attorneys, 12 are members of the North Carolina Advocates for Justice, an organization dedicated to improving the quality of legal representation in our state. Many are active members in their communities – from teaching at local colleges, to counseling the Hispanic/Latino community.
Learn More: Our Workers’ Compensation Team
NC Lawyers Offer FREE Case Evaluation
All of our attorneys are advocates dedicated to fighting tooth and nail for each and every client.
It is almost always a good idea to speak with us about your circumstances, especially in a situation that involves both workers’ comp and personal injury. Contact us today or call 1-866-900-7078 to learn how working with both a workers’ compensation lawyer and a personal injury lawyer from the Law Offices of James Scott Farrin could potentially benefit you.
3For more information regarding the standards for inclusion for “Best Law Firms,” visit www.usnews.com; “Best Lawyers” and “Lawyer of the Year,” visit www.bestlawyers.com; “Rising Star” and “Super Lawyers,” visit www.superlawyers.com; “Legal Elite” visit businessnc.com.
4Figures from the N.C. State Bar as of December 2016.