NC Court of Appeals Reinforces Tort Exceptions to Workers' Comp System
What happened
The North Carolina Court of Appeals issued a ruling in Rowan County regarding a tort suit involving a worker sent by Labor Finders to Johnson Concrete. The court found that because there was no record evidence of an implied contract of hire, neither the joint employment doctrine nor the lent employee doctrine applies in the case of Robert Jefferson vs. Johnson Concrete. This decision reinforces exceptions to the exclusive remedy of the workers’ compensation system in North Carolina.
From insurancejournal.com
Why it matters
The ruling could prove costly for employers and insurers by allowing workers to file tort suits against companies for negligence, even if the injury was not intentional. This decision challenges the traditional limits of workers’ compensation coverage in the state.
From insurancejournal.com
Who's involved
- Rowan CountyCounty where the court ruling took place.
- North Carolina Court of AppealsIntermediate appellate court that issued the ruling.
- North CarolinaState governing the jurisdiction of the court ruling.
Who could feel it
Possible knock-on effectsThese are possibilities Brind reasoned out, not predictions, and not advice. Most are not stated in any report.
- North CarolinaSpeculative
Businesses operating in North Carolina might face increased legal costs or higher insurance premiums due to the expanded liability exceptions.
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The entities involved
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Rowan County
county in North Carolina, United States
Nothing else this week.
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North Carolina Court of Appeals
Intermediate appellate court of North Carolina