Can I Sue My Employer For Something That Happened During The Medical Treatment For My Injury While At Work?

This issue was addressed by the North Carolina Court of Appeals in Jackson v. The Timken Company (2019).

In this case the injured employee suffered a stroke at work. However, there was not sufficient medical evidence to prove that the stroke was caused by the injured employee’s work for the employer and based on this the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits. The injured employee then asserted a claim in civil court for medical negligence against the employer and the employer’s company nurse based on alleged negligent diagnosis and treatment for the injured employee’s stroke.

The North Carolina Court of Appeals ruled that when the North Carolina Industrial Commission lacks jurisdiction to rule on a claim for workers’ compensation benefits, there is nothing that bars an injured employee from asserting a claim in civil court against the employer or its employees. In this case the injured employee was allowed to pursue a civil lawsuit against the employer and its employee for alleged medical negligence.

Should you have any questions about this or any other issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.