Out-of-State Workers’ Compensation Injuries: NC Jurisdiction and Insurance Coverage Implications

John Tomei

In nearly all instances, when a worker is injured on the job in North Carolina, the North Carolina Industrial Commission has jurisdiction over the claim.  One notable exception involves out-of-state employers who do not regularly employ three or more employees in North Carolina or voluntarily purchase North Carolina workers’ compensation coverage. So, what happens when…

Four Common Types of Occupational Disease Lung Claims Compensable in North Carolina

Tracey Jones

Occupational diseases that attack injured workers’ lungs are often filed with the North Carolina Industrial Commission. The most common lung diseases include: (1) silicosis; (2) asbestosis; (3) byssinosis; and (4) occupational asthma. Silicosis and asbestosis are specifically enumerated in N.C Gen. Stat. § 97-53. Byssinosis and occupational asthma are not specifically enumerated under this statute,…

Insurance Coverage Implications for Business Owners and Executives in North Carolina under the Workers’ Compensation Act

John Tomei

Are all workers who perform services for an employer, including owner, partner, member, or executive officer, covered as “employees” under the North Carolina Workers’ Compensation Act to the extent they may be seeking workers’ compensation benefits?  How are those “employees,” if they are an owner, partner, member, or executive officer, included in or excluded from…

Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 3 of 3

Luke West

This is the third and final article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for…

Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 2 of 3

Luke West

This is the second article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for determining compensability…