Riddle & Riddle Injury Lawyers | September 19, 2025 | Workers' Compensation
Workplace accidents in North Carolina happen every day, from construction injuries to office slip-and-falls. When you’re hurt on the job, it’s important ot know that you may be entitled to financial relief. The question is whether you should file for workers’ compensation or pursue a personal injury claim (or both).
Each path comes with unique benefits and limitations. Learning about the difference between the two can help you protect your health and your future as well.
Workers’ Compensation in North Carolina
Almost all employers in North Carolina with three or more employees must carry workers’ compensation insurance. This program is a “no-fault” system, meaning you don’t need to prove your employer was negligent to receive benefits.
If approved, workers’ comp may cover things like:
- Medical expenses
- Wage replacement benefits
- Disability benefits
- Death benefits (for the loss of a loved one)
This safety net ensures injured employees receive basic financial and medical support quickly.
Restrictions
However, workers’ compensation has important restrictions that you should know about:
- You cannot collect damages for pain and suffering
- Payments for lost wages are partial, not full
- You usually cannot sue your employer for negligence if they have valid coverage
In other words, workers’ comp provides fast help but limits what you can recover.
Personal Injury Claims in North Carolina
Sometimes, a workplace accident is caused by someone other than your employer. In those cases, you may be able to pursue a personal injury lawsuit (potentially in addition to filing a workers’ compensation claim).
Personal injury lawsuits generally must be filed against negligent third parties, not your employer. For example, you might be able to take legal action in this way if a negligent driver hits you and causes a car accident while you’re making a delivery.
What Kind of Damages Are Available for Workplace Accident Victims?
Personal injury claims allow for a much broader recovery than what workers’ comp can provide, including full economic and non-economic damages like:
- Full lost wages and loss of future earning capacity
- Medical costs (past and future)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages in rare cases involving reckless or intentional conduct
Compared to workers’ comp, these damages provide more comprehensive compensation for how the accident truly impacts your life.
Key Differences Between Workers’ Comp and Personal Injury
While both types of claims can arise from the same accident, they operate under different rules.
- Fault: Workers’ comp is no-fault (with only rare exceptions, like if you intentionally injure yourself). Personal injury lawsuits require proving negligence in most cases.
- Damages: Workers’ comp covers medical care and partial wages, whereas personal injury claims add compensation for all of your economic and non-economic losses, including pain and suffering and full lost wages.
- Who you sue: Workers’ comp is filed against your employer’s insurance. Personal injury is a claim against a third party.
- Limits: Workers’ comp benefits are capped, but personal injury damages are not capped in most cases.
An experienced attorney can explain your legal rights and options during a free consultation.
What if I’m Partially at Fault for My Workplace Accident?
Fault matters differently in each type of claim.
- Workers’ comp: You may still receive benefits even if your own mistake contributed to the accident. Exceptions include injuries caused by intoxication or, as mentioned above, intentional misconduct.
- Personal injury: North Carolina applies the pure contributory negligence law. If you are found even 1% at fault, you could be barred from any recovery.
Because of this strict rule, defendants and insurers often try to shift blame to injured workers. A strong legal defense is essential to protect your rights.
How Valuable Could My Workplace Accident Claim Be in North Carolina?
The value of your case depends on various factors, such as the type of claim you file and the severity of your injuries. Workers’ comp claims generally provide enough to cover medical care and partial income, but not much more. Personal injury lawsuits may provide significantly higher compensation, but only if you can prove another party was liable.
A personal injury attorney can help calculate your potential recovery, factoring in medical bills, future care needs, lost income, and the personal impact of your injuries.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most North Carolina workers’ compensation and personal injury attorneys work on a contingency fee basis. This means you don’t pay anything up front, and your lawyer only gets paid if they secure a settlement or verdict for you.
Generally, your attorney will receive around 33% of the jury verdict or settlement agreement they recover for you. However, the exact percentage can vary depending on the facts of your case. You’ll agree to terms at the beginning of your case so that you’ll know what to expect.
Why Hire a North Carolina Workplace Accident Lawyer?
Deciding whether to file for workers’ comp, pursue a personal injury lawsuit, or both can be complicated. An experienced lawyer can evaluate your situation and guide you through the process.
Your attorney can:
- Investigate the accident and identify all of the liable parties
- File and manage your workers’ comp claim
- Protect you against claim denials and lowball offers
- Gather the necessary evidence to prove your case
- Pursue a personal injury lawsuit when appropriate
- Defend you from contributory negligence accusations
- Negotiate with insurers on your behalf
- Take your case to trial if necessary
Legal representation ensures you don’t leave money on the table and that your rights will be protected at every step.
Contact the Raleigh Workers’ Compensation Lawyers at Riddle & Riddle Injury Lawyers for Help Today
If you’ve been hurt at work in Raleigh, North Carolina, you may be wondering whether workers’ comp or a personal injury lawsuit is your best option. In some cases, you may even qualify for both.
The only way to know for sure is to discuss your situation with an experienced Raleigh workers’ compensation lawyer at Riddle & Riddle Injury Lawyers. Our lawyers can explain your rights and fight for the maximum amount of compensation you need and deserve.
There are strict deadlines that apply to these cases, so contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a workers’ compensation lawyer in North Carolina today.
We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers – Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
(919) 876-3020
Riddle & Riddle Injury Lawyers – Durham Office
100 E Parrish St STE 200, Durham, NC 27701
(919) 728-1770
Riddle & Riddle Injury Lawyers – Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
(919) 778-9700
Riddle & Riddle Injury Lawyers – Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
(704) 486-5824
Riddle & Riddle Injury Lawyers – Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
(252) 397-8620
Riddle & Riddle Injury Lawyers – Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
(910) 387-9186
Riddle & Riddle Injury Lawyers – Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
(336) 516-9066
Riddle & Riddle Injury Lawyers – Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
(910) 455-5599
Riddle & Riddle Injury Lawyers – Garner Office
500 Benson Rd Suite 111, Garner, NC 27529
(800) 525-7111
Riddle & Riddle Injury Lawyers – Kinston Office
807 N Queen St, Kinston, NC 28501
(252) 397-8624
Riddle & Riddle Injury Lawyers – Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
(910) 889-4064
Riddle & Riddle Injury Lawyers – Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
(336) 516-9042