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Brent Adams & Associates

North Carolina Workers' Comp for Out-of-State Injuries

It is not necessary that an accident occurs within the state of North Carolina in order for the injured worker to collect workers' compensation benefits. Neither is it a requirement that the injured employee be a resident of North Carolina.

In order to recover for an injury that occurs outside the state of North Carolina, the employee must meet one of the following requirements:

  1. The contract of employment was made in North Carolina
  2. The employer's principal place of business is in North Carolina
  3. The employee’s principal place of employment is within the state of North Carolina

 

If the employee who was injured outside the state of North Carolina receives compensation or damages under the laws of any other state, North Carolina will not allow further benefits under North Carolina’s Workers' Compensation Act, if such payment, together with the payment received from other jurisdictions, would amount to greater than the benefits allowed under North Carolina law for a worker injured in this state.

The North Carolina Court of Appeals has held that a truck driver who made 18-20% of his pick-up stops in North Carolina, and the balance of his pickups were made in other states, was entitled to full NC workers' compensation benefits for injuries arising from an accident which occurred outside the state. The basis for the court’s holding was the finding by the Industrial Commission that the driver’s principal place of employment was within North Carolina. Also supporting the claim was the fact that the employee was a resident of North Carolina and conducted various aspects of his business including the receipt of assignments, storage and maintenance of trucks, receipt of paychecks, etc. in North Carolina.