Can you sue while getting workers’ compensation?

Like other states in the country, North Carolina has a workers’ compensation system that is there to protect this state’s workers when they get injured or sick while on the job. When a worker dies because of, for example, cancer related to asbestos exposure at work, then the worker’s family can get some financial help through workers’ compensation survivor benefits.

Our law office helps grieving families with workers’ compensation claims for survivor benefits. However, even if those claims are completely successful in all respects, it does not mean that the benefits will cover all of the lost income and expenses associated with a loved one’s untimely death. There is usually a cap on how much workers’ compensation will pay.

Moreover, workers’ compensation does not cover things like pain and suffering and mental anguish, even though these sorts of things are real and deserve compensation.

Fortunately, in an asbestos case, a family may still have legal options available to them. While the law generally protects North Carolina employers from a lawsuit provided the employer has a workers’ compensation program in place, it offers no such protection to other businesses and individuals who may have contributed to the worker’s death, including, for instance, those who manufactured asbestos products or used asbestos in some other product.

Therefore, a family who lost a loved one to mesothelioma can and should consider whether a third-party liability suit is right for them. A third-party suit involves legally pursuing other parties who are responsible for a North Carolina worker’s death and can help families in the greater Charlotte area get all of the compensation they need and deserve.