What happens if you slip and fall at work in North Carolina?

Does Workers’ Comp Cover A Slip And Fall At Work In North Carolina?

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.

Can You Sue Your Employer For A Fall At Work?

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 Can You Sue Someone Else For A Fall At Work?

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.

What Should You Do Right After Falling At Work?

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.