Raleigh Workers’ Compensation Lawyer

Exceptional Workers’ Compensation Attorney in Raleigh, NC

Workers’ Compensation and Third Party Claims in Raleigh

You got hurt at work because of something someone else did. It was not your fault, and it was not just bad luck on the job. You are getting a weekly check through workers’ comp, and it still is not enough to cover what this has cost you. You wonder if going after the person who caused this means losing the check you already depend on.

You should not have to choose.

As a Raleigh workers’ comp third-party liability lawyer, attorney Joseph Tunstall has spent more than 25 years helping injured people in North Carolina. For injured workers, that often means pursuing a workers’ compensation claim and a third-party lawsuit at the same time.

Tell us what happened and what you are living on right now, and we will lay out exactly what you may still be owed.

The North Carolina Industrial Commission and Workers’ Compensation Benefits

The North Carolina Industrial Commission (NCIC) is a pivotal agency for Raleigh workers seeking compensation for job-related injuries or illnesses. Established in 1929, the NCIC administers the Workers’ Compensation Act, ensuring that injured workers receive the benefits and support they are entitled to under North Carolina law.

Role and Function: The NCIC oversees all workers’ compensation claims in the state. This includes processing claims, resolving disputes, and ensuring that employers comply with workers’ compensation laws. The Commission acts as an impartial body to decide claims, making decisions on the extent of injuries, appropriate compensation, and medical benefits.

Filing a Claim: If you suffer a workplace injury or illness, it’s crucial to file a workers’ compensation claim with the NCIC promptly. The process begins with reporting the injury to your employer, followed by submitting a Form 18, Notice of Accident to Employer and Claim of Employee, Representative, or Dependent, to the NCIC. 

Medical Treatment: Under North Carolina law, your employer or their insurance carrier has the right to direct your medical care. However, if you are dissatisfied with the provided medical treatment, you can request a change of physician through the NCIC.

Compensation Benefits: Workers’ compensation benefits include coverage for medical expenses, temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, and permanent partial disability (PPD) benefits. In cases of severe injury leading to permanent total disability, lifetime benefits may be awarded.

Dispute Resolution: Disagreements between injured workers and employers or insurance companies happen. The NCIC provides several avenues for dispute resolution, including mediation, hearings before deputy commissioners, and appeals to the Full Commission. Having an experienced workers’ compensation attorney can be invaluable in navigating these processes.

An experienced Raleigh workers’ compensation attorney can assist you in filing your workers compensation claim, gathering necessary evidence, negotiating settlements, and representing you in hearings and appeals.

What Workers’ Comp Will Not Pay For

Workers’ comp pays your medical bills and a portion of your lost wages. It does not pay you for pain, the parts of your life that got harder, or the full amount you lost.

Under North Carolina law, you generally cannot sue your own employer over a workplace injury (N.C. Gen. Stat. § 97-10.1), even when the injury was severe. That rule exists so employers pay into the workers’ comp system, and in exchange, you get medical care and a wage check without having to prove fault in court. 

But that only covers your employer.

It does not cover the driver who ran the red light on your delivery route, the subcontractor who left a hazard on a shared job site, or the manufacturer whose machine failed. If one of them played a role in what happened to you, you can hold that person or company responsible in a separate claim. That claim can pay for losses such as pain, permanent limitations, and the full value of what you lost. 

Third-Party Injuries We Handle for Raleigh Workers

If someone other than your employer or a coworker caused what happened to you, North Carolina law lets you pursue that person or company separately. This is in addition to your workers’ comp claim. The two do not cancel each other out. We handle third-party injury claims tied to:

• Getting hit by another company’s vehicle or equipment while you were working
• Getting hurt by a defective tool, machine, or product on the job site
• A car accident that happened while you were driving for work
• An injury caused by a subcontractor or a different company working the same job site
• Getting hurt by a property owner’s negligence while making a delivery or service call
• An injury caused by a client’s negligence at a site you do not own or control

If someone besides your employer played a role in what happened to you, it is worth finding out if you could have a third-party claim before you assume the workers’ comp check is all there is.

How Our Raleigh Workers’ Comp Third-Party Liability Attorney Runs Both Claims at Once

Running two claims at once sounds complicated, and it can be if you try to do it alone. 

Under North Carolina law, you generally have the exclusive right to sue the third party yourself for the first 12 months after your injury (N.C. Gen. Stat. § 97-10.2). After that, your employer’s insurance carrier can step in if you have not acted. 

Once a settlement or verdict comes in, the law sets a specific order for paying it out: court costs first, then your attorney’s fee, then reimbursement of what your employer’s insurance already paid you, and only then the rest to you. We handle that math and that negotiation for our clients.

This information reflects North Carolina law as of August 2026.

Filing a Third-Party Claim in Wake County After a Raleigh Job Injury

Your workers’ comp claim goes through the North Carolina Industrial Commission, the state agency that decides every workers’ comp case in the state and is headquartered right here in Raleigh, on the sixth floor of the Dobbs Building on North Salisbury Street. 

Your third-party claim gets filed as a civil lawsuit. For most Raleigh workers, that means the Wake County Courthouse on Fayetteville Street. 

The deadlines are different, the paperwork is different, and the people deciding your case are different too. A deputy commissioner hears the workers’ comp side, while a Wake County judge or jury hears the third-party side. We track both cases on their own separate timelines.

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What Raleigh Workers Ask About Third-Party Claims and Workers’ Comp

Can I file a lawsuit against someone else while I’m still collecting workers’ comp in North Carolina?

Yes. Filing or settling a third-party claim does not cancel your workers’ comp benefits. The two claims run on separate tracks, and North Carolina law is built around letting you pursue both.

What happens to my workers’ comp check if I win money from a third-party claim?

Your employer’s insurance carrier is entitled to be reimbursed out of any third-party settlement or verdict, but only after court costs and attorney fees are paid. You do not lose your workers’ comp benefits because you also won a third-party claim.

Who decides how much of my settlement goes back to the workers’ comp insurance company?

The amount is set by a formula in state law, not by the insurance company’s opinion. If there is a dispute, either side can ask a judge to determine the right amount.

How long do I have to file a third-party claim after a workplace injury in North Carolina?

You generally have the exclusive right to file for the first 12 months after your injury. Waiting too long can mean losing control of the claim or losing it altogether, so it is worth talking to someone early.

Can I sue my employer directly if a coworker caused my injury?

Almost never. North Carolina’s workers’ comp law generally blocks lawsuits against your own employer or coworkers acting within their job, even if one of them was careless. Your remedy against them runs through the workers’ comp system itself, not a lawsuit.

The other company’s insurance already called and offered me money. Should I take it?

Not before you understand what your claim is worth. Early offers are usually calculated before your medical treatment is finished, and once you accept, you generally cannot go back and ask for more later.

How much does it cost to hire a lawyer for a third-party workplace injury claim?

We take third-party injury cases on a contingency fee, so you pay nothing upfront and nothing at all unless we recover money for you. Reach out and we will walk you through exactly what that looks like for your situation.

Talk to a Raleigh Workers’ Comp Third-Party Liability Lawyer Today

You do not have to sort out two legal systems by yourself while you are still recovering. Contact O’Malley Tunstall PC to talk through what happened, and we will tell you plainly whether a third-party case exists alongside your workers’ comp claim. There is no fee unless we recover money on your behalf.