Construction Site Injuries in North Carolina
Whether an injured construction worker in North Carolina can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Under North Carolina's Workers' Compensation Act, when the employer and employee are subject to and have complied with the Act, workers' compensation is the exclusive remedy against the employer. N.C. Gen. Stat. §§ 97-10.1, 97-10.2
| Construction site injuries | Under North Carolina's Workers' Compensation Act, when the employer and employee are subject to and have complied with the Act, workers' compensation is the exclusive remedy against the employer. An injured construction worker may still sue a third party other than the employer (for example another contractor or an equipment maker), with the employer reimbursed from any recovery. No North Carolina scaffold-law statute was identified for this entry. |
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| Fault rule (comparative negligence) | Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant. |
| Deadline to sue for an injury | Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions). Source: N.C. Gen. Stat. § 1-52(5), (16) |
More North Carolina personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in North Carolina
- Wrongful Death Lawsuits in North Carolina
- Medical Malpractice Rules in North Carolina
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- Dog Bite Liability in North Carolina
- Slip, Trip and Fall Injuries in North Carolina
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- Motorcycle Accident Claims in North Carolina
- Pedestrian Accident Claims in North Carolina
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- All North Carolina personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in North Carolina?
Under North Carolina's Workers' Compensation Act, when the employer and employee are subject to and have complied with the Act, workers' compensation is the exclusive remedy against the employer. An injured construction worker may still sue a third party other than the employer (for example another contractor or an equipment maker), with the employer reimbursed from any recovery. No North Carolina scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in North Carolina?
Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant.
What is the statute of limitations for personal injury in North Carolina?
Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.