Contrary to what some might believe, the North Carolina Workers’ Compensation system does not cover all workplace injuries. Consider Pittman v. Twin City Laundry & Cleaners, 61 NC APP 469, 1983. An employee was shot and killed by a co-worker after a fight broke out between the two employees, the fight and shooting arose out of an argument between fellow employees about whether assailant fellow employee had been fired or not. Given that the fight was related to a work/employment issue, the deceased employee’s estate was entitled to workers compensation benefits. Many employers think surely this is not compensable, there was no “accident” and they were not doing their job when they got injured. Well not so fast, in North Carolina it could very well be a compensable claim. To answer this question the employer must first determine what the subject of the fight was. Was this a fight between two employees over comments made about each other’s family, was this a fight about a boyfriend or girlfriend. Or was this fight about job performance or just being late to work. If the employer upon its investigation determines that the fight had its start from employment, then it may very well owe the employee workers compensation benefits even though the actions of the injured employee where outside of the scope of employment. For these and similar legal questions, Employers and their Insurers contact the attorneys of Pope Aylward Sweeney Stephenson, LLP at www.passlawyers.com
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