Exclusive remedy provisions of North Carolina’s workers’ compensation law prevent injured workers or their families from pursuing litigation against employers for almost all work site accidents. However, third-party liability litigation may be appropriate if another person or entity was at least partially responsible for what happened.
This was the allegation in the case of Fleming v. Sanders Lead Co., an appeal before the Alabama Supreme Court.
Tragically, one worker was killed and another severely and permanently brain-damaged when a tanker trailer on the back of a semi-truck backed over them while they were at work. The families of the workers filed lawsuits – one for wrongful death and another for personal injury – on their behalf, alleging that a lead company across the street undertook safety inspections at the work site, and failed in this duty to adequately carry them out. Continue reading