On-the-job injuries generally are covered by the North Carolina Workers’ Compensation Act and the required workers’ compensation insurance. That means employers are not liable for negligence, and that employees receive benefits under the act whether or not their employers were negligent and whether or not the employees were contributorily negligent.
The statute that prevents the employer from being sued is called the “Exclusivity Rule”—the employee’s remedy is exclusively for the benefits under the act.
Despite the Exclusivity Rule, in certain cases the employer and its managers—as well as co-workers—can be liable for certain workplace injuries.
Company and owner liability
The leading case on employer liability is Woodson v. Rowland (329 N.C. 330, 407 S.E.2d 222, 1991). In fact, claims that seek to avoid the Exclusivity Rule are often called “Woodson Claims.”
In the Woodson case, an employee was killed when ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Take a proactive approach to prevent workplace violence
- ADA: Reasonable Accommodation
- Rein in 'You're lucky to have a job' managers
- Attendance policies: Control absenteeism without breaking the law