Compliance Stuff

The exclusivity provision of the  North Carolina Workers’ Compensation Act (the “Act” ) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a workers’ compensation claim with the  North Carolina Industrial Commission .  However, the North Carolina Supreme Court has allowed an exception to the Act’s exclusivity provision in certain circumstances.   Woodson v. Rowland , 329 N.C. 330, 407 S.E.2d 222 (1991).   That narrow exception allows an employee to sue his employer in civil court if “an employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees and an employee is injured or killed by that misconduct . . .”    Woodson , 329 N.C. at 340-41, 407 S.E.2d at 228.  This exception has historically been strictly interpreted and very few, if any cases have ever met the  Woodson  standar...

  Whether a claim is compensable may depend on what type of injury/disease is alleged.  The four major types of workers’ compensation claims are: Injuries to body parts other than the back. Injuries to the back. Occupational Diseases Death This article addresses the standard for proving compensability for injuries to body parts other than the back. For a claim to a body part other than the back to be compensable it must meet the following elements: Injury By accident Arising out of the employment In the course and scope of the employment. A causal connection between the accident and injury. The terms “injury” and “accident” are not synonymous.  An injury that is not the result of an accident is not a compensable claim . Similarly, an accident that does not result in an injury is also not a compensable claim. The mere fact that an injury occurred does not in and of itself establish that an accident occurred.  An accident is “ an unlooked for and untoward event which i...

  You should take the following steps at the outset of a new claim: Ensure that an Industrial Commission Form 19: Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission has been completed and provided to Plaintiff. Ensure that a blank Industrial Commission Form 18:  Notice of Accident to Employer and Claim of Employee, Representative, or Dependent has been provided to Plaintiff. Obtain the following documentation from the employer: An Incident Report. Plaintiff’s written statement. Witness statements. Any video footage of the alleged incident. Plaintiff’s wage information. Plaintiff’s personnel file. Determine what type of injury Plaintiff has alleged occurred.   There are different standards for alleged injuries to the back, alleged injuries to body parts other than the back, and alleged occupational diseases.  The investigation and ultimate compensability may depend on what type of injury has been alleged. Obtain Plaintiff’s m...