Short Answer

Yes. In North Carolina, a work-related crash can trigger workers’ compensation benefits and also a personal injury claim against the at-fault driver (a “third party”). The main catch is that your employer or its workers’ comp carrier can have a lien on part of your third-party recovery, and certain settlements may require consent or court involvement to address that lien.

Understanding the Problem

If you were hurt in North Carolina while driving for work and you are considering workers’ compensation, you may also be asking whether you can pursue a settlement from the other driver who caused the crash. In your situation, one key fact is that police responded and a report exists but is being held by the employer.

Apply the Law

North Carolina law generally treats these as two separate tracks: (1) a workers’ compensation claim for benefits tied to a work injury, and (2) a liability claim against a negligent third party (like another driver). Workers’ comp is usually the exclusive remedy against your employer for a work injury, but it does not automatically block a claim against the at-fault driver. When you recover money from the third party, the employer/workers’ comp carrier can assert a lien (subrogation) to be reimbursed for certain benefits it paid or will pay, and the lien amount can sometimes be set or reduced by a judge.

Key Requirements

• The crash must be work-related for workers’ comp: The injury generally must arise out of and in the course of employment for workers’ comp benefits to apply.
• The other driver must be a true “third party”: A personal injury claim typically targets someone other than your employer (for example, the other driver who ran the intersection).
• Workers’ comp can create a lien on the third-party recovery: If workers’ comp pays medical bills or wage benefits, the employer/carrier may seek reimbursement from the third-party settlement or judgment.
• Settlement authority can be time-sensitive: North Carolina gives the injured worker an initial window to bring the third-party case before certain rights can shift.
• Settlement paperwork must address the lien: Some settlements require written consent from both sides (employee and employer/carrier) unless a statutory exception applies or a judge determines the lien amount.
• Forum matters: Workers’ comp issues run through the North Carolina Industrial Commission, while the third-party injury claim is typically handled in civil court (often Superior Court), with a specific process available to set the lien.

What the Statutes Say

• N.C. Gen. Stat. § 97-10.1 (Workers’ comp as exclusive remedy against the employer) - If workers’ comp applies, it generally replaces a lawsuit against your employer for the injury.
• N.C. Gen. Stat. § 97-10.2 (Third-party claims; lien/subrogation; timing; court determination) - Allows a third-party claim while workers’ comp is involved and sets rules for liens, settlement consent, and the process to determine the lien amount.
• N.C. Gen. Stat. § 97-17 (Workers’ comp settlements require Commission approval) - Requires Industrial Commission approval for workers’ comp settlement agreements and outlines fairness/medical-expense considerations.

Analysis

Apply the Rule to the Facts: Because you were driving a work vehicle when another driver allegedly ran an intersection, you may have a workers’ comp claim (because the injury happened during work activity) and a separate personal injury claim against the other driver (a third party). If workers’ comp pays for your ambulance/hospital care or wage benefits for missed work, the employer or carrier may later claim a lien against any settlement you reach with the other driver. That means you can pursue both, but you should plan for lien and consent issues before you sign any release.

Process & Timing

1. Who files: You (the injured employee) typically pursue the third-party personal injury claim; workers’ comp is handled through the claim process with the employer/carrier and the North Carolina Industrial Commission. Where: The third-party case is usually filed in the civil court system in the county tied to the crash or the defendant; lien determinations can be made by a resident Superior Court judge in the county where the cause of action arose or where you reside. What: A civil complaint (lawsuit) if the claim is not resolved pre-suit; and, if needed, a motion/application asking the court to determine the workers’ comp lien amount. When: Under North Carolina’s workers’ comp third-party statute, the employee has an initial 12-month period from the date of injury (or death) to institute proceedings, with additional rules if no suit is filed and no settlement is reached in that window.
2. Coordinate settlement authority and lien information: Before settling with the at-fault driver’s insurer, confirm what workers’ comp has paid (medical and wage benefits) and whether it claims future exposure, because those numbers drive the lien discussion and can affect net recovery.
3. Finalize settlement correctly: If written consent is required (or if consent is not obtainable), address the lien through the statutory process so the release and distribution of settlement funds are enforceable and do not create a repayment dispute later.

Exceptions & Pitfalls

• Signing a release too early: Settling with the at-fault driver without properly addressing the workers’ comp lien/consent rules can create enforceability problems and repayment fights.
• Assuming workers’ comp pays for everything: Workers’ comp and the third-party claim cover different categories and have different rules; mixing them up can lead to gaps in documentation and leverage.
• Not tracking what workers’ comp paid (and may pay): The lien can include benefits paid and, depending on the posture of the case, may involve prospective benefits; you need accurate numbers before settlement talks get serious.
• Missing medical follow-up: Delays in treatment can make it harder to connect ongoing back pain to the crash and can affect both the workers’ comp file and the third-party claim evaluation.
• Evidence access issues: If the police report is being held by the employer, you still want to secure key evidence promptly (report, photos, witness info, medical records) through proper channels so the third-party claim does not stall.

Conclusion

In North Carolina, you can usually pursue a personal injury settlement against the at-fault driver even while a workers’ comp claim is pending for the same work-related crash. The key limitation is that workers’ comp can create a lien on your third-party recovery, and settlements often must properly address consent and lien distribution rules. A practical next step is to gather the workers’ comp payment history and then pursue the third-party claim within the 12-month window described in the workers’ comp third-party statute.

Talk to a Personal Injury Attorney

If you're dealing with a work-related crash and also trying to pursue a claim against the at-fault driver, our firm has experienced attorneys who can help you understand your options, lien issues, and timelines. Reach out today by calling [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.