Respected North Carolina Workers’ Compensation Lawyers Serving Clients in Charlotte and Concord

If you’ve been injured in a North Carolina workplace accident involving dangerous or defective equipment, you may have several options available to you to pursue compensation for your injuries. While the state’s workers’ compensation laws provide an efficient way of obtaining limited benefits in the wake of a workplace accident, the fact that a product or piece of equipment caused your injuries opens up the possibility of a third-party personal injury claim against the product’s manufacturer. At the Olsinski Law Firm, PLLC, our experienced North Carolina workers’ compensation lawyers have helped countless clients pursue both workers’ compensation claims as well as personal injury claims following workplace injuries caused by dangerous or defective equipment and products.

What Is a Third-Party Product Liability Claim?

A third-party product liability claim is a type of personal injury lawsuit brought by an injured worker against the manufacturer of a product that caused or contributed to their injuries. These claims fall outside the scope of the workers’ compensation laws because you are not bringing the claim against your employer.

Examples of situations in which an injured worker may pursue a third-party product liability claim include:

Injuries caused by exposure to a harmful chemical or substance;

Crush injuries stemming from a defective piece of heavy machinery;

Falls resulting from defective scaffolding or ladders;

Motor vehicle accidents

caused by defective vehicles;

Injuries caused by power tools; and

Injuries resulting from dangerous or defective

construction equipment

.

Of course, there are many other situations in which a third-party personal injury case is appropriate, and an experienced Charlotte workers’ compensation lawyer can help you identify all potential claims.

What Is the Difference Between a Workers’ Compensation Claim and a Product Liability Claim?

The North Carolina workers’ compensation laws allow injured workers to file a claim with their employer (or their employer’s insurance company) seeking medical and disability benefits. Claims under the North Carolina Workers’ Act do not require an employee to prove that anyone else was at fault for their injuries. Generally, a workers’ compensation claim is your exclusive remedy against your employer.

However, if you suffered workplace injuries caused by dangerous equipment, you may be able to pursue a product liability claim, which is a type of personal injury claim. Unlike workers’ compensation claims, these claims are brought against a manufacturer of a product or piece of equipment. Further, North Carolina product liability claims require that an injured worker show that the manufacturer was negligent. Usually, this is done by presenting evidence that the product suffered from a design defect, manufacturing defect or that the manufacturer failed to include the necessary warnings on the product.

While proving a manufacturer’s negligence can be more challenging than obtaining workers’ compensation benefits, there is a significant upside to these cases. Most notably, a product liability claim allows you to collect compensation for both your economic and non-economic damages. While every case is different, typically, courts allow injured workers to recover compensation for the following in a third-party product liability claim:

Past medical bills,

Future medical expenses,

Lost wages,

Decrease in earning capacity,

Physical pain and suffering,

Emotional distress,

Loss of enjoyment of life, and

Loss of consortium.

As a general rule, injured workers can pursue both a workers’ compensation claim and a product liability claim at the same time. However, if you obtain workers’ compensation benefits and subsequently recover personal injury damages, your employer may attempt to recoup some or all of the benefits they paid to you. However, an experienced North Carolina personal injury lawyer may be able to limit an employer’s ability to seek reimbursement for the benefits you received.

Did You Suffer Workplace Injuries Caused by Dangerous or Defective Equipment?

If you were recently injured on the job while using a product or piece of equipment, reach out to the Olsinski Law Firm, PLLC, for immediate assistance. Our experienced North Carolina workers’ comp attorneys can advise you of your rights, review all of your options, and help you prepare an effective case to maximize your recovery. To learn more, and to schedule a free consultation with a Charlotte workers’ compensation lawyer, give us a call at 704-405-2580. You can also reach one of our Concord workers’ compensation lawyers at 704-918-4747. We take all workers’ compensation cases on a contingency basis, meaning we will not bill you for our services unless we can connect you with compensation for what you’ve been through.

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Why Choose Olsinski Injury, Family & Criminal Lawyers?

Local and Experienced Lawyers
With years of experience serving the Charlotte-Concord area, our attorneys are deeply familiar with the local legal landscape. We understand the specific challenges North Carolina residents face, and we use our local knowledge to advocate for you effectively.
Comprehensive Legal Expertise
Whether you’ve been involved in a car accident, need help with a family law matter, or are facing criminal charges, our attorneys are well-versed in a broad range of legal fields. We offer experienced representation in personal injury, family law, criminal cases, and DWI matters.
Caring Legal Support Through Difficult Times
We know how stressful and overwhelming it can be to face legal issues, whether it’s a personal injury, family dispute, or criminal charge. Our compassionate team is here to guide you through the process with care and empathy, ensuring you feel supported every step of the way.
Accessible and Responsive
At Olsinski Law, we believe in keeping open lines of communication. Our clients can count on us for timely updates, quick responses to questions, and the assurance that their case is being handled with the utmost care and attention.
Personalized Attention for Your Case
Every client’s situation is unique, and we take the time to understand your specific needs. Our legal strategies are customized to ensure that we pursue the best possible outcome for you.
A Proven Record of Success
We have a history of achieving favorable outcomes for our clients, whether through negotiation or litigation. Our proven track record in the Charlotte-Concord area speaks to our commitment to getting the results you deserve.
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