Workplace Accident Attorneys In Durham, NC

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Durham Workplace Injury Lawyers

Injured at Work? Explore Your Rights For a Civil Lawsuit.

Edwards Kirby is focused on representing Durham’s injured victims and the families of fallen loved ones following devastating losses – including those arising from accidents and incidents in the workplace.

Although injured workers often have a right to recover some expenses and benefits through their employer’s workers’ compensation insurance, it may be possible to pursue civil personal injury lawsuits outside of the workers’ comp system – most often as claims against a third party.

By taking legal action against a negligent third party, you can position yourself to recover a much broader scope of compensation than what’s available through workers’ comp. In the wake of serious injuries and devastating losses, full compensation can make the difference for your future.

Edwards Kirby: Trusted By Victims & Families Across North Carolina

Edwards Kirby has earned the respect of victims, families, and fellow lawyers across Durham, North Carolina, and the nation. Clients and colleagues continually trust our team because:

  • We’ve recovered hundreds of millions in compensation for our clients.
  • Our lawyers are recognized among The Best Lawyers in America by U.S. News.
  • We have the resources of a Big Law firm, and provide the personal touch of a small practice.
  • Our firm has secured record results, including the largest personal injury verdict and the largest personal injury settlement in North Carolina state history.

When catastrophic injuries or wrongful death have upended your life, Edwards Kirby can help you pursue justice and compensation. Call (919)780-5400 to request a FREE consultation.

Durham Workplace Accidents & Third-Party Liability

In many workplace accident cases, the legal remedy for victims is typically a workers’ compensation claim. Workers’ compensation is a type of no-fault insurance carried by most employers, which means injured workers can obtain benefits even if they, their co-workers, or their employer were at fault.

While workers’ compensation can be a vital lifeline for Durham victims, it has some limitations. For example, injured workers who seek benefits:

  • Are typically required to obtain medical treatment from approved providers;
  • May only recover a percentage of their lost wages;
  • Cannot recover compensation for pain and suffering and other non-economic damages.

Though workers’ comp is the only available option after many workplace accidents, there are cases when injured workers or families may have the right to pursue legal action outside of the workers’ comp system. Typically, these cases involve the negligence of a third-party who is NOT your direct employer.

Examples of Third-Party Work Accident Lawsuits

In some workplace accident cases, it may be possible to hold a third-party responsible. This might be an equipment manufacturer, a supplier, an independent contractor, or even an employment agency liable for screening or hiring, especially in workplace violence situations.

A few examples of when workers may be able to pursue third-party claims include:

  • Defective Products: Workers perform jobs using a variety of products, tools, machinery, and vehicles. When a defectively designed, manufactured, or marketed product causes harm to a worker, there may be grounds for a civil product liability lawsuit against the manufacturer or retailer who made the product available to consumers and employers.
  • Negligent Contractors: Many employers rely on contracted third parties to perform various tasks or services. This is common in construction, where many contractors and subcontractors can be present on a job site, but may also include contracted companies that handle distribution, maintenance, and other services. When third-party contractors cause preventable harm, victims may be able to pursue a negligence lawsuit to recover their damages.
  • Motor Vehicle Accidents: Whether a job requires workers to drive, load or unload cargo, or perform job duties near roads and motor vehicles, workers injured in auto accidents may have grounds for a third-party claim. These cases can involve wrecks caused by negligent motorists, delivery truck accidents, 18-wheeler accidents, and crashes involving other commercial vehicles and transportation operated by a person or entity who is not a worker’s employer.
  • Premises Liability: Third-party liability may arise when workers are injured while performing jobs on property owned by someone who is not their employer. Workers who bring premises liability claims must prove a landowner’s negligence as the proximate cause of their injuries.
  • Toxic Exposure: Some workers are exposed to harmful substances in the course of their work, and may suffer injuries and occupational illnesses as a result. Workers who sustain immediate injury or a latent illness after years of exposure may seek compensation by filing toxic torts against manufacturers and other negligent parties who caused or contributed to their exposure.

While North Carolina workers’ compensation laws prohibit employees from suing their own employer in many situations, there are some exceptions. However, these claims are generally limited to situations where:

  • Employers do not carry workers’ compensation insurance (N.C. law requires employers with 3 or more employers to have workers’ comp coverage);
  • Workers are harmed by an employer’s intentional acts (i.e. a direct physical assault); or
  • An employer’s intentional conduct is “substantially certain” to cause injury or death. Often called Woodson Claims after a N.C. Supreme Court decision in the case of Woodson v. Rowland, these claims are rare, and must involve very egregious conduct.

Though our Durham work injury attorneys do not handle workers’ compensation claims, we can help injured workers and families explore their options for pursuing civil injury or wrongful death lawsuits against one or more third-party defendants. We can also collaborate with workers’ comp attorneys to address victims’ income and immediate medical expenses while we investigate and prepare their civil case.

Proven Trial Lawyers Fighting For Injured Workers & Families

Edwards Kirby is committed to representing hard-working people across North Carolina who have been injured in work-related accidents and other incidents at the workplace. We know what a difference fair compensation, beyond workers’ comp benefits, can have for an injured worker and their family, and we fight for the maximum financial recovery possible.

As our results show, our firm has a proven record in a range of complex cases, including those involving serious burn injuries, explosions, electrocution, construction equipment accidents, and other workplace incidents. Our workplace accident lawyers have also won the largest workplace violence jury verdict in U.S. history in a case involving multiple murders committed by a disgruntled employee in Asheville, North Carolina.

If you have questions about your rights and options after a workplace accident, you can reach a workplace injury lawyer at (919) 897-7662 or contact us online. Our team of workplace accident attorneys serve clients across Durham and North Carolina, and offer FREE and confidential case evaluations.

Our Record Setting Results from Car Accident Lawsuits

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FAQ’s:

What Are the Most Common Workplace Accidents?

Many different types of injuries can occur in the workplace, making it crucial to take the necessary precautions to ensure a safe work environment. Workplace injuries not only hurt employees and cause them to miss work, but they can also impact their co-workers and employers. Learn more about some of the more common types of work-related injuries below.

Slips and Falls

One-third of reported workplace accidents are slips and falls, and they account for many workers’ compensation claims. Slips and falls can cause neck and back injuries, broken bones, pulled muscles, and more. To avoid slip and fall accidents in the workplace, ensure all areas are well-lit and any wet or slippery surfaces have wet floor signage.

Collisions and Crashes

Collisions and crashes in the workplace usually involve forklifts and company vehicles. Accidents involving mobile machinery are not included in commercial vehicle insurance when the employee is on the clock. Claims resulting from these accidents can increase a company’s workers’ compensation insurance costs. To prevent this type of workplace injury, conduct regular drug testing, proper background checks on employee driving history, and allow employees who operate mobile machinery and company vehicles to take rest breaks.

Repetitive Stress and Overexertion

Repetitive movements without rest can lead to repetitive use or overexertion injuries. Repetitive use injuries are common in employees that regularly execute administrative, assembly, and other manufacturing tasks. Employees that constantly perform the same movements non-stop for an extended period are at risk for a repetitive use injury. To avoid repetitive use injuries and overexertion, set regular breaks and ensure employees have ergonomic workstations to ensure good posture and stature.

If You or A Loved One Has Been Injured in a Car Accident, Call Edwards Kirby Today!

919-780-5400

OUR COMMITMENT TO DURHAM VICTIMS

Durham, part of the Research Triangle Park, is at the forefront of innovation and technology. If you’ve suffered a workplace accident in Durham, our Durham workplace accident lawyers are here to help. We understand the challenges of recovering from job-related injuries and will diligently work to secure your compensation. Let us protect your rights and well-being in this dynamic city.

If You or A Loved One Has Been Injured in a Car Accident, Call Edwards Kirby Today!

919-780-5400

We’re Here to Help

Call 919-780-5400 or fill out our online form to request a free consultation. You won’t pay unless we win!

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