Employee’s North Carolina’s Workers Compensation Claim Denied, Even Though She Was Just 3 Feet from Her Workplace
Last month, the North Carolina Court of Appeals upheld a decision in the North Carolina workers’ compensation case of Cardwell v. Jenkins Cleaner, Inc. The claimant slipped and fell on a stretch of black ice in the parking lot adjacent to her workplace (Jenkins Cleaner) and broke her wrist. She argued that, since she fell near the back door of her workplace, she should get workers’ comp. But the North Carolina Court of Appeals said that her broken wrist was not compensable because the parking lot in which she fell was not owned by her employer. In fact, her employer shared that lot with several other businesses. One judge dissented, saying that, since the entrance door to the cleaner’s was “in such proximity in relation” to the parking lot, the area where she slipped was “in practical effect on the employer’s premises.”
In general, a worker who gets hurt while on an employer’s property can get North Carolina workers’ compensation benefits. But as this case illustrates, subtle nuances and complexities can make the process complicated, if not impossible, for claimants.
Many potential claimants don’t understand their rights and/or don’t seek legal benefits in situations where a claim might be justified. For instance, a pizza delivery worker who gets hurt while driving to a delivery can get workers’ comp from his employer, even if the driver was far away from the restaurant when the traffic accident occurred. Many cases hinge on minor, seemingly irrelevant details. In this case, for instance, at issue was whether Cardwell’s fall happened on the employer’s premises or on a property that the employer did not control. Since she slipped in sort of a “grey zone,” the Court of Appeals ended up delivering a divided decision.
All this is to say that, if you or someone you care about has been dealing with a complicated claims issue, you should avail yourself of the most potent resources to defend your benefits. An experienced North Carolina workers’ compensation firm can provide a free case evaluation and advise you about the most efficient and practical steps to take to guarantee your claim and eliminate resistance from uncooperative employers or bad faith insurers.
More Web Resources:
Cardwell v. Jenkins Cleaner, Inc
Summary of Cardwell v. Jenkins Cleaner
