Raleigh Jobsite Injury Lawyer for Third-Party Negligence Claims

When the First Check Isn’t the Last Word

You got hurt on the job, and now everyone tells you something different. Your employer’s insurance carrier says a modest weekly check is all you get. You lie awake wondering if that check is really the end of it, while your medical bills and missed paychecks keep piling up.

You do not have to sort this out alone. Our Raleigh jobsite injury lawyers look past the first check you’re offered to find every party who may owe you more, from a subcontractor who left a hazard uncovered to an equipment maker whose machine failed. Joseph Tunstall, our lead trial attorney, has handled personal injury cases across North Carolina for years, building a track record of 100+ plaintiff’s verdicts. 

Tell us what happened at your jobsite, and let’s find out what you may be owed.

What Counts as a Jobsite Injury in Raleigh

A jobsite injury is not limited to construction sites. As a Raleigh jobsite injury law firm, we handle cases anywhere negligence created a dangerous condition on the job, from warehouses to delivery yards to industrial sites. This includes:

• Falls from scaffolding, ladders, or unguarded edges
• Forklift, crane, and heavy equipment accidents
• Falling tools, materials, or debris
• Defective machinery or power tools
• Electrical shocks and burns from exposed wiring
• Trench or excavation collapses
• Injuries caused by a negligent driver on a work site

Some of these stay inside the workers’ compensation system. Others open the door to a separate jobsite negligence lawsuit against a subcontractor, property owner, or equipment manufacturer. Some cases involve both. Knowing which category your accident falls into changes how your claim gets valued and where it needs to be filed.

Who Pays After a Wake County Work Accident

Workers’ compensation in North Carolina pays your medical bills and part of your lost wages, but it does not pay for pain and suffering, and it caps how much you can recover for lost income. 

If a subcontractor, equipment maker, property owner, or another company besides your employer contributed to your accident, North Carolina law lets you pursue that separate party directly through a jobsite negligence claim for the damages workers’ comp will not cover (N.C. Gen. Stat. § 97-10.2). If you settle that claim without your employer’s workers’ comp carrier signing off first, you can lose part or all of your settlement to their lien, and in some cases your ongoing benefits too. 

This information reflects North Carolina law as of August 2026.

How a Workers’ Comp Claim and a Jobsite Negligence Lawsuit Work Together

Most jobsite injuries in North Carolina start with a workers’ compensation claim filed with the North Carolina Industrial Commission in Raleigh, which decides disputes over medical treatment, wage benefits, and disability ratings. That claim runs on a different track from any lawsuit against the party who actually caused the accident.

If a third party caused or contributed to your injury, you generally have the first 12 months after the accident to bring that claim yourself. After that window, if your employer’s insurer has provided written admission of liability with the Industrial Commission, the right to pursue the responsible party can shift to them, and they may not value your pain and suffering the way you would.

A jobsite negligence lawsuit against that third party would typically be filed at the Wake County Courthouse, not before the Industrial Commission. Claims worth more than $25,000 are heard in Superior Court and claims of $25,000 or less are heard in District Court.

We track both claims at once from day one, filing and protecting your workers’ comp benefits while building the negligence case against the parties who created the hazard, so neither deadline catches you by surprise.

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What Injured Raleigh Workers Want to Know About Jobsite Negligence Claims

Do I have to choose between workers’ comp and a jobsite negligence lawsuit?

No. In North Carolina you can pursue both at the same time. Workers’ compensation covers medical bills and part of your lost wages. A separate negligence claim against a third party (someone other than your employer) can add compensation for pain and suffering and the rest of your lost income. We handle both together so one does not undermine the other.

How long do I have to file a jobsite negligence claim in Raleigh?

North Carolina generally gives you three years from the date of the accident to file a lawsuit against a negligent third party. Workers’ comp has its own, shorter deadlines, including a 30-day window to report the injury to your employer. Missing either one can end your case before it starts.

What if I was partly at fault for the accident?

North Carolina follows a strict contributory negligence rule. If you are found even slightly at fault, you can be barred from recovering anything in a negligence lawsuit, though this rule does not apply to your no-fault workers’ comp claim. That makes early investigation critical.

Who handles my claim, the North Carolina Industrial Commission or a court?

Your workers’ comp benefits are decided by the North Carolina Industrial Commission in Raleigh. A jobsite negligence lawsuit against a third party is a separate civil case, typically filed in Wake County Superior Court. We handle both.

What does it cost to hire a jobsite injury lawyer in Raleigh?

Nothing upfront. We take jobsite negligence cases on a contingency fee basis, so you owe us nothing unless we recover money for you.

What if my employer retaliates after I report the accident?

Retaliation for reporting a workplace injury or filing a workers’ comp claim can itself create legal exposure for an employer. Tell us right away if you feel pressured to return to work early or to downplay what happened.

What should I do right after a jobsite accident?

Get medical attention, report the injury to your employer in writing, and avoid signing anything from an insurance adjuster before talking with us. Photos of the hazard and witness names matter more than people expect, and they disappear fast.

Let’s Find Out What You May Be Owed After a Raleigh Jobsite Accident

You already have enough to deal with. A jobsite accident does not just cost you time at work, it can cost you money you never see if no one checks whether someone besides your employer is responsible. Contact O’Malley Tunstall PC today for a free, no-obligation case review. Our Raleigh jobsite injury lawyers will look at every angle of your claim and make sure you are not settling for less than you are actually owed. There is no fee unless we win.