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North Carolina: Special Employer is Immune From Tort Liability

February 08, 2019 (1 min read)

Where a plywood manufacturer recruited a worker as a candidate for a mechanic position in its maintenance department, undertook the right to control the worker’s day-to-day work activities, controlled the work the worker performed and paid him an hourly wage, but left the administrative and clerical functions (payroll, etc.) to an employee staffing company, the plywood manufacturer was the worker’s special employer and it could not, therefore, be liable in a wrongful death action filed against it by representatives of the worker’s estate following a work-related accident, held a North Carolina appellate court.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Estate of Belk v. Boise Cascade Wood Prods., L.L.C., 2019 N.C. App. LEXIS 64 (Feb. 5, 2019)

See generally Larson’s Workers’ Compensation Law, § 111.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law



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