I just settled a claim filed with my states "workers comp" board. My claim is 6yr. coming to conclusion. Since the business for whom I worked carried no workers comp. My settlement included only lost wages over the period of time. No established disability ,or pain or suffering. Do I have legal premis to file civil action accordingly irrespective of my recent workers comp settlement?
State/Country relating to question: North Carolina
Nothing, I will pursue based on a reply.
Under workers compensation law, the employer is strictly liable for work related injuries, but only for medical expenses and lost wages for the time you were temporarily totally disabled and for any permanent disability. Pain and suffering is not an award available under workers compensation, so you cannot sue them in tort for this. If you have a permanent disability you need a permanent disability rating and you would pursue this through the workers compensation board for permanent disability.
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Yes, I understand abt the limitations with Workers comp. and have settled with them. My ? is ,can the employeer be admonished in civil court via a civil suit by me for damages( pain & suffering.. Thanks
No, I am sorry to say that when the law made the employer strictly liable for injuries under workers compensation, they removed the right of the employee to sue the employer in tort (pain and suffering). Thus, you would have no legal basis for suing the employer for pain and suffering. The most you could have sued the employer for was under workers compensation for a work related injury.
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