Can I Bring A Workers’ Compensation Claim In North Carolina If My Employer Where I Worked And Was Injured Is In A Different State?

This issue was addressed by the North Carolina Court of Appeals in Duke v. Xylem, Inc. (2022).

In this case, all the parties agree that the employer was located in Virginia, the injured employee worked in Virginia and the injured employee was injured in Virginia. The only issue before the North Carolina Court of Appeals was whether the injured employee was “hired” by the employer over the phone while he was physically in North Carolina, which would allow the injured employee to bring a workers’ compensation claim in North Carolina.

The Court determined that the “last act” of the injured employee’s “hiring” was when he completed a driving test, drug screening and background check for the employer when the injured employee was physically in Virginia. The Court also suggested that the “last act” test would apply even when the injured employee was allowed to begin working for the employer prior to the employer receiving the results for the driving test, drug screening and background check, noting that the issue was whether the results of any of these items could make the injured employee ineligible for employment moving forward.

Should you have any questions about this or any of issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.