North Carolina workers’ compensation claim denied for parking lot fall; premise liability claim possible

The North Carolina Court of Appeals has issued a ruling affirming the denial of benefits to a woman injured in a North Carolina work accident.

In January 2008, the employee slipped and fell on ice while walking across the parking lot toward her place of employment; she suffered a broken wrist. Her employer denied her claim and the North Carolina workers’ compensation commission was asked to decide whether the employee was entitled to benefits as a result of being injured on company property.

The business leased the property and had no responsibility for upkeep and maintenance of the parking lot. After denial, the employee appealed on a number of grounds, including that it was part of her job to open the building at 7:30 a.m. and that the injury happened during the scope of her job duties.

One judge dissented, saying the employee was clearly in the course of her employment when she was injured.

In this case, a North Carolina premise liability case could have been pursued. A claim could have been made against the owner of the business and the owner of the property, alleging unsafe conditions on the property led to the accident.

By consulting a Carolina injury lawyer who is familiar with both workplace accident claims and premise liability claims, you may have the best chances of collecting damages for your injuries. A premise liability claim may include slip and fall injuries, negligent security, merchandise falling from shelving, assault, swimming pool accidents, dog bites and other injury claims that arise form the negligence of a business or property owner.

If you are dealing with a North Carolina work accident, contact the Law Offices of Lee & Smith today for a free and confidential appointment to discuss your rights. Call 800-887-1965.

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