Short Answer

No. In North Carolina, filing a workers’ compensation claim does not stop you from pursuing a negligence claim against the at-fault driver. Workers’ comp is your remedy against your employer, but you may still sue a third party. If you recover from the third party, your employer’s comp carrier generally has a lien and may be reimbursed from that recovery.

Understanding the Problem

You were working in North Carolina when another vehicle hit you, and you opened a workers’ compensation claim. Now you want to know if that claim prevents you from suing the other driver. The single decision point is: can an injured employee in North Carolina bring a civil claim against a third-party driver after a work-related crash? Here, you were parked in a bus and received workers’ comp care, so the question is whether you can also pursue the other motorist in civil court.

Apply the Law

Under North Carolina law, workers’ compensation is generally the exclusive remedy against your own employer and co-workers. That exclusivity does not extend to negligent third parties, like another driver. You may file a civil claim against the at-fault driver in court while also pursuing workers’ comp through the North Carolina Industrial Commission. If you obtain a settlement or verdict from the third party, the workers’ comp insurer typically has a statutory lien on those funds to the extent of benefits it paid, subject to potential court adjustment. Most negligence claims must be filed within three years of the crash; specific statutes can vary by claim type.

Key Requirements

• Third party at fault: The at-fault person must be someone other than your employer or a co-worker acting within the job.
• Parallel paths: You may pursue workers’ comp (administrative claim) and a civil lawsuit (court) at the same time.
• Carrier lien/subrogation: The workers’ comp insurer usually has a lien on any third-party recovery for benefits it paid, which must be addressed at settlement or judgment.
• Notice and coordination: Provide written notice of the third-party claim to the comp carrier; expect coordination on reimbursement and case progress.
• Deadline: File the third-party negligence case within the applicable statute of limitations (commonly three years from the crash in North Carolina).

What the Statutes Say

• North Carolina Gen. Stat. § 97-10.1 (Exclusive remedy against employer) - Workers’ comp is generally the only remedy against the employer/co-workers.
• North Carolina Gen. Stat. § 97-10.2 (Third-party claims and lien) - Allows third-party lawsuits and creates the comp carrier’s lien with procedures for distribution and potential court reduction.

Analysis

Apply the Rule to the Facts: You were parked in a bus when another vehicle T-boned you. Because the other motorist is a third party, you can bring a civil claim against that driver while continuing your workers’ comp claim. If you recover from the driver, the comp insurer will usually assert a lien for medical and wage benefits it paid. You should notify the comp carrier about the third-party case and plan for lien resolution as part of settlement.

Process & Timing

1. Who files: The injured employee. Where: File the personal injury lawsuit in North Carolina Superior Court (or District Court, depending on the amount) in the county where the crash occurred or where the defendant resides. File a Complaint and an AOC-CV-100 Civil Summons; serve the defendant through the Sheriff or other approved method. When: Generally within three years of the crash.
2. Provide written notice of the third-party action to the workers’ comp insurer and keep it updated. Expect the carrier to assert a lien for benefits paid and, if it chooses, to participate in the case.
3. At settlement or judgment, address the workers’ comp lien. If needed, ask the court to consider a lien reduction under the statute. The final outcome is a net distribution to you after approved costs, fees, and any lien reimbursement.

Exceptions & Pitfalls

• If the at-fault driver was your employer or a co-worker acting within the job, civil claims are generally barred by exclusivity (different rules may apply for intentional conduct).
• North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault; carefully preserve evidence and witness statements.
• Coordinate benefits: the comp lien, Medicaid, and any health plan reimbursement must be addressed to avoid post-settlement issues.
• Give timely written notice to the comp carrier about the third-party case; failure to do so can complicate lien rights and settlement approval.
• Do not double-pay bills: track which provider charges were paid by workers’ comp versus health insurance or Medicaid to prevent duplicate deductions.

Talk to a Personal Injury Attorney

If you’re dealing with a work-related crash and wondering how a workers’ comp claim interacts with a lawsuit against the other driver, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

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.