Under North Carolina Law, can a work comp carrier bring an independent action to recover a work comp lien? Also, what if the loss is caused by the injured party's negligence?
1 Answer from Attorneys
Yes. Under North Carolina law, a workers' comp carrier can bring an independent action to recover a workers' comp lien. Complications will arise depending on the timing of when the lawsuits are filed.
If the loss was NOT caused by the injured party's negligence, usually the injured party is responsible for filing a claim with the negligent party's insurance, then the workers' comp coverage piggybacks this coverage. In this situation, one cannot ignore the interests of the other and the insurance claim will work in tandem with the workers' comp claim.
If the loss was caused by the injured party's negligence, the variables are too broad to give a direct answer. Feel free to contact us and we'll let you know if your injuries are compensable.
Sheila Chavis, NC Workers' Comp Attorney
Brent Adams & Associates