You could be personally liable for injuries under N.C. workers’ comp law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

You could be personally liable for injuries under N.C. workers’ comp law

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in Employment Law,Human Resources,Leaders & Managers,Management Training

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)

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