The North Carolina workers’ compensation system is meant to provide compensation for workers who are injured during the course and scope of employment. This can create some legal issues when it comes to determining whether an injury was work-related or not. If the injury happened in the course and scope of employment, then the worker’s sole remedy for compensation is through the workers’ compensation claims process and not in civil court. If you have been injured and believe that it may be related to your employment or have questions about your right to compensation, contact a seasoned Charlotte workers’ compensation lawyer immediately.
In a recent claim, the plaintiff appealed from a dismissal of her complaint against her employer, asserting a claim for negligence. The lower court determined that the events giving rise to her claim happened in the course and scope of employment and that as a result, the workers’ compensation system was her sole remedy. In the case, the plaintiff suffered from a mental illness and had been out of work for some time. She eventually began work for the employer, a bank. Shortly after receiving a promotion at the bank, the mental illness resurfaced. The bank put the plaintiff on short-term disability as a result of her condition and inability to perform her duties.
The plaintiff eventually returned to work on a limited schedule but was unable to perform the duties that her employer expected. She asked to be transferred, but the request was denied, and her doctor eventually took her out of work and diagnosed her as bipolar.