Jay Gervasi, P.A. Attorney at Law
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Construction workers: Receive more compensation for job injuries

Perhaps you work road construction. You stop to begin your work on the side of a busy highway. Although clear road signs are displayed to notify drivers to slow down, one distracted driver misses the sign and hits you. You suffer serious injuries and cannot work for a period of time.

Many construction employees know that they can receive significant workers' compensation if they face injuries on the job. If their injuries inhibit their ability to work, their employer must pay for medical expenses and a loss of income. Yet many construction workers do not know that if a third-party individual injured them while working, they may file a second claim against the culprit.

In these cases, you can file a workers' compensation claim against your employer's insurance, as well as a personal injury claim against the driver that injured you. Especially when dealing with multiple claims, it is important to seek the expertise of an attorney, so that he or she can help you in obtaining your maximum compensation.

Workers' compensation and personal injury benefits

According to North Carolina law, filing a workers' compensation claim against your employer's insurance can provide you with the necessary funds to recover as quickly as possible from your injuries. Some compensation may include:

  • Hospital and medical expenses
  • Prescription medication
  • Rehabilitative care
  • Loss of income
  • Temporary or permanent disability

While these benefits may prove great, you also have the authority to file a personal injury claim with the driver's insurance. Depending on the severity of your injuries and your request for compensation, a court may subject the driver to additionally pay for your injury expenses.

In North Carolina, an employer can retrieve some of your awarded personal injury compensation to reimburse their original workers' compensation payment to you through a lien process. The employer must wait at least 12 months after you accept their workers' compensation offer to file the lien.

Due to the complexity of the process of filing two claims, it is essential to hire an attorney to help you present evidence and receive the most compensation possible.

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