Injured workers can sue for their injuries without jeopardizing workers' comp benefits

Workers' compensation laws in North Carolina and other states preclude injured workers from suing their employers and coworkers for their on-the-job injuries.

However, the law does allow people who have been hurt on the job to seek legal recourse against others whose actions and negligence caused or contributed to the actions.

These types of cases are called third-party workplace torts, and these types of lawsuits actually are quite common in cases of construction injuries.

In fact, we just read about a case in Texas, where an HVAC installer worker whose leg was crushed by falling Sheetrock at a construction site where he was working is suing seven companies, including the property owner and the project's general contractor.

The fact that that this injured man may receive workers' compensation benefits for his medical care and lost wages doesn't erase the other companies' responsibility for the accident.

Jose and Victoria Sosa claim Jose Sosa was working as a heating, ventilating and air conditioning installer...at an apartment complex in Port Arthur, Texas, when the incident occurred.

According to the complaint... another employee at the site had stacked numerous sheets of sheetrock against the wall adjacent to the room where Sosa was performing work for the defending companies.

"Suddenly and without warning the entire stack of sheet rock fell away from the wall the sheet rock was leaning against and onto Mr. Sosa," the complaint says. "The impact of the sheet rock against Mr. Sosa's body was violent and terrible. Mr. Sosa was pinned underneath the sheetrock, where his body sustained severe and permanent injuries."

Defendants named in the suit include Paha Legacy, Orion Properties, Legacy Resource Group, LRG Development, KRR Construction, KRR I Construction and KRR Development.

The Sosas blame the defending companies for numerous safety violations, for failing to provide a safe workplace and for failing to provide workers' compensation insurance, among other alleged acts of negligence.