A wet floor at work leads to the same injuries as a wet floor at a store, but a very different claim. Who owns the floor decides which one you have.
Falls are among the most common workplace injuries, from kitchens and warehouses to delivery stops and job sites. The first question is not whose fault the fall was. It is whether the fall happened in the course of your job, and on whose property.
Joshua E. Palmer, Attorney at Law handles both North Carolina workers’ compensation and premises injury claims. This page explains how the two systems fit together after a fall at work.
Usually yes. North Carolina’s Workers’ Compensation Act covers an injury by accident arising out of and in the course of employment, as defined in N.C. Gen. Stat. § 97-2(6). Slipping on a wet floor, tripping over a cord, or falling from a ladder while doing your job fits that description. Workers’ comp is a no-fault system: your own carelessness in falling does not reduce or defeat the claim, though benefits can be denied for injuries caused by intoxication or a willful intent to injure under N.C. Gen. Stat. § 97-12.
Benefits include medical treatment directed by the employer’s insurer and weekly wage benefits of two-thirds of your average weekly wage while you cannot work, after a seven-day waiting period, plus compensation for any permanent impairment.
| Workers’ comp (against your employer) | Premises claim (against another owner) | |
|---|---|---|
| Fault required? | No | Yes: the owner’s negligence |
| Your own carelessness | Does not bar benefits | Contributory negligence can bar the claim |
| Pain and suffering | Not paid | Recoverable |
| Where decided | N.C. Industrial Commission | Civil court |
Generally no. Under N.C. Gen. Stat. § 97-10.1, when the employer and employee are covered by the Act, workers’ comp is the employee’s exclusive remedy against the employer. That trade is the heart of the system: you get benefits without proving fault, and the employer is protected from a negligence suit. Narrow exceptions exist for intentional misconduct, and an employer that should carry comp coverage but does not faces different rules.
When someone other than your employer caused the fall. Delivery drivers, technicians, home health workers, and contractors spend their days on other people’s property. If you fell on a customer’s icy steps or in a store with a spill its staff ignored, the property owner may be liable for negligence. N.C. Gen. Stat. § 97-10.2 preserves that third-party claim while you receive comp, though the comp insurer gets a lien on the recovery, which a judge can reduce.
The third-party claim follows ordinary negligence rules, including contributory negligence. The owner’s insurer will ask whether you were looking where you walked, whether the hazard was obvious, and what shoes you wore. Unlike comp, though, that claim can pay for pain and suffering and the rest of your lost income.
Report the fall to your supervisor in writing. N.C. Gen. Stat. § 97-22 requires written notice to the employer within 30 days, and a claim must be filed with the Industrial Commission within two years under N.C. Gen. Stat. § 97-24. Get medical care and tell the provider it happened at work. Photograph what caused the fall, note the names of witnesses, and keep the shoes you wore. If the fall happened on someone else’s property, ask for an incident report there too. A North Carolina workers’ compensation lawyer can sort out which claims you have.

Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. These answers are the ones he gives clients across a desk, written down: direct, in plain English, and tied to the North Carolina rule that applies.
Hurt in a fall at work in North Carolina? Call for a free case review.
Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
We handle the comp claim and any claim against the property owner together. Free consultation, no fee unless we win.
Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of November 2026; confirm current law with an attorney before relying on it.
📞 Get A Free Consultation · (478) 887-3734