Can I sue my coworker and my employer?

“Can I sue my worker and my employer?” If you were injured at work because of a coworker, you may be able to sue your coworker and employer.  Please feel free to give me a call to discuss because you may have a claim.

Typically, injuries on the job are exclusively governed by the North Carolina Workers Compensation Act.  To initiate a claim, an employee notifies their employer of the injury by accident, and in accepted cases, benefits are provided under the Act.  Generally speaking, an employee is unable to file suit, or sue, directly against their coworker.

For instance, a coworker and an employee are on a construction site.  They are carrying some lumber across the job site.  The coworker loses his grip and ends up dropping his end of the boards.  The employee jars his back when the boards bang on the ground.  The employee is able to file a claim under the Worker’s Compensation Act, but cannot sue his coworker.

To learn more about how Brian Elston Law can help you with Workers Compensation, click here »

So, can I sue my coworker and my employer?

There is an exception.  If an employee is injured due to the willfully, recklessly wantonly negligent, or intentional act of a coworker, an employee can sue their employer and coworker.

For instance, the facts in Pleasant v. Johnson are instructive.  In Johnson, an employee was on a construction site.  A coworker was driving the company’s work truck.  The coworker thought it would be funny to scare the plaintiff, so he drove the truck to see how close he could get to employee without striking him.  The coworker misjudged the distance and ended up hitting employee.  The employee was able to file a claim under the Workers’ Compensation Act and file a claim directly against the coworker because of his actions.  In other words, an employee can sue their employer and the coworker.

Please feel free to call to schedule an appointment if you were injured at work.

Brian Elston Law is devoted to helping the injured and their families. We are personal injury lawyers in Asheville, North Carolina. To learn more, call now or check out more information:

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The Law Offices of Elston, Donnahoo, & Williams

The Law Offices of Elston, Donnahoo, & Williams, P.C., is a personal injury law office in Asheville, NC, dedicated to fighting for people who need it most. Our practice areas include personal injury, workers compensation, wrongful death, employment law, civil litigation, and more.

At The Law Offices of Elston, Donnahoo, & Williams, P.C. our success comes from our willingness to serve individuals and families all across North Carolina with our high-quality personal injury and workers' compensation advocacy. We know how difficult it is to suffer a personal injury and / or workplace injury and how hard this must be for you and your family. Our team of attorney’s are here to help you make the process as easy and stress free as possible. To learn more about what our firm can do for you, just give us a call or a text. If you would like to learn more about how our firm can assist with your case, we encourage you to contact us immediately. We are proud to offer 100% free, confidential consultations.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative of cases handled by Brian Elston Law. These listings are not a guarantee or prediction of the outcome of any other claims.