New Decision in regards to Workers’ Compensation and Personal Injury Claims

December 8, 2017

In a 27-page opinion, the North Carolina Supreme Court recently reversed a decision of the Court of Appeals in regards to Worker’s Compensation Claims and liens on Personal Injury settlements.  This is an important decision likely to have effect for many years to come.

1The case is ROZZELLE v. CITY OF CHARLOTTE (No. 52PA16) and deals with the application of N.C.G.S. 97-10.2, which states the rights and obligations of an employer and employee regarding payment of benefits under the Act when the employee recovers a settlement in a common law action for damages against a third-party tortfeasor.  At issue was whether the injured employee had waived his right to compensation coverage by settling his personal injury action without the insurance company’s agreement.

Often when someone is involved in a traffic accident which was not their fault while at work, they may have a Worker’s Compensation claim and a claim against the at fault driver.  However, these can be very different types of claims, with different deadlines and its important to h2222ave counsel that is experienced in both areas of practice.  The right representation can not only maximize the amount of your settlement, but also ensure that you get to keep as much money as possible out of that settlement.  There is no need to hire two separate attorneys when you can hire one firm to take care of all aspects of the case for you.

Our Services:

The attorneys at GAY JACKSON & McNALLY, LLP have years of experience representing injured workers in both personal injury actions and worker’s compensation claims.  The initial consultation is free and our firm does this work on a contingency basis so that there is no fee due unless we recover.

If you are a family member were injured on the job, in a car accident, or both, GAY JACKSON & McNALLY, LLP is here to provide you with the very best possible legal representation and advice. If you need representation for a workplace injury, personal injury or wrongful death, call 919-269-2234 or email us at