When you are hurt on the job, the first question is often simple: Can you sue your employer in North Carolina? Under the NC Workers
As a tradeoff for expansive coverage for workplace accidents, the law prevents most employees from filing a civil lawsuit against their employer for those same injuries. That legal framework, known as the exclusive remedy doctrine, was central to the recent case Solis-Santos v. Lester (COA25-7, filed November 5, 2025).
If you have questions about your claim or are unsure whether your case belongs in civil court or before the North Carolina Industrial Commission, Kevin Jones and the Dodge Jones Injury Law Firm in Greenville and across coastal North Carolina provide experienced representation for injured workers throughout the region. Kevin Jones has more 30 years practical experience handling North Carolina workers’ compensation cases and disputes involving third-party claims. It would be an honor to help you understand your rights and pursue every available remedy under N.C.G.S. § 97-10.1.
The Solis-Santos decision from the North Carolina Court of Appeals clarifies how the exclusivity rule applies when a worker is injured while assigned to a job through a staffing agency. It reinforces that, even when you technically work for a temporary staffing company, the company that supervises your daily work can still be considered your “special employer” for purposes of workers’ compensation coverage. Understanding how this doctrine works can help you protect your rights and make informed decisions after a serious workplace injury.
Can You Sue Your Employer: Solis-Santos v. Lester
The plaintiff, Guadalupe Solis-Santos, was assigned by a staffing agency called Global Environmental Control III, Inc. to perform demolition work for Prime Demolition and Contracting, LLC. While working at a job site, he was injured when a metal light tower fell from a skid steer operated by a Prime Demolition employee, James Thomas Lester III. Solis-Santos suffered significant injuries and received a workers’ compensation settlement of $67,500 through his staffing agency’s policy.
Later, he filed a civil lawsuit against both Prime Demolition and Lester, claiming negligence and gross negligence. His argument was that Prime Demolition was not his employer, and that Lester was not his coworker, meaning that he should be able to pursue a personal injury claim instead of being limited to the workers’ compensation system. The trial court disagreed and dismissed the case. On appeal, the Court of Appeals affirmed that dismissal, holding that the Workers’ Compensation Act provided the exclusive remedy for the plaintiff’s injuries.
The case demonstrates how North Carolina courts apply the “special employee” doctrine and the limits of suing a coworker under what is called a Pleasant Claim, based on the North Carolina Supreme Court’s decision in Pleasant v. Johnson, 312 N.C. 710 (1985).
What Is the Exclusive Remedy Rule and Can You Sue Your Employer in North Carolina?
Under N.C.G.S. § 97-10.1, the Workers’ Compensation Act replaces an injured employee’s right to sue the employer with a system of guaranteed benefits. The law is designed to balance the interests of workers and employers. You do not have to prove that your employer was negligent to recover compensation. In return, you generally give up the right to file a civil lawsuit against your employer for damages such as pain and suffering.
The rule applies to nearly every employee in North Carolina. It also covers situations where a worker is technically employed by one company but assigned to another. This concept, known as the special employer doctrine, means that both the staffing company and the company that supervises the work can be considered employers under N.C.G.S. § 97-2(2). If you are hurt while working for either, workers’ compensation is usually your only remedy.
How the Special Employer Doctrine Works
The Solis-Santos NC Court of Appeals Opinion 2025 case illustrates this doctrine clearly. The Court of Appeals reaffirmed the three-part test from Collins v. James Paul Edwards, Inc., 21 N.C. App. 455 (1974), for determining whether you are a “special employee”:
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You have a contract of hire, either express or implied, with the special employer.
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The work you perform is essentially that of the special employer.
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The special employer has the right to control the details of your work.
In Solis-Santos, all three factors were met. Even though the worker was hired through a staffing agency, he accepted an assignment from Global to work under Prime Demolition’s direction. Prime Demolition controlled the job site, supervised his work, and had authority over how tasks were performed. Those facts created an implied employment relationship, making the Workers’ Compensation Act the exclusive remedy for his injuries.
In simpler terms, if you report to a company’s supervisors, use their equipment, and perform their work, you are probably covered as their employee for workers’ compensation purposes, even if your paycheck comes from somewhere else.
Can You Sue a Coworker?
North Carolina law generally prevents lawsuits against coworkers for workplace injuries, but there is a narrow exception. In Pleasant v. Johnson, the Supreme Court held that a worker may sue a coworker who causes injury through willful, wanton, or reckless conduct. These are legal terms that describe behavior showing conscious disregard for the safety of others, more than ordinary negligence.
In Solis-Santos, the injured worker argued that Lester’s operation of the skid steer was reckless enough to fall within the Pleasant exception. The Court of Appeals disagreed. It found that even though Lester was untrained and did not secure the light tower properly, those failures were at most negligent, not willful or wanton. The court explained that to rise to the level of a Pleasant claim, the conduct must be “equivalent in spirit to actual intent.”
That standard is extremely difficult to meet. It applies only when a coworker acts with conscious disregard for known dangers or intentionally fails to perform a safety duty. For most workers, this means that workplace injuries caused by another employee’s mistake, lack of training, or carelessness remain within the exclusive jurisdiction of the Industrial Commission.
What If the Employer Was Grossly Negligent?
Many injured workers believe that if their employer was grossly negligent or failed to provide a safe workplace, they should be able to sue. The law does not usually allow that. Even serious safety violations are generally handled through the workers’ compensation system and the Occupational Safety and Health Act (OSHA), not through civil lawsuits.
The Court of Appeals emphasized this point in Solis-Santos. It noted that even if Prime Demolition failed to provide safety training or proper supervision, those shortcomings do not create civil liability because the Workers’ Compensation Act remains the exclusive remedy for workplace injuries. The only exceptions involve intentional harm or conduct so extreme that it falls outside the employment relationship, which are exceedingly rare.
Why the Dismissal Was Changed to “Without Prejudice”
One technical but important part of the opinion involved the trial court’s dismissal of the case “with prejudice.” A dismissal with prejudice means the case is permanently closed. However, because the court ruled that it lacked subject matter jurisdiction, meaning it had no legal authority to hear the case at all, it could not issue a final judgment. The Court of Appeals corrected this by directing that the case be dismissed without prejudice.
Comprehensive Guide: Jacksonville Workers Compensation Claims
This procedural detail matters because a dismissal for lack of jurisdiction does not prevent a worker from pursuing other appropriate claims before the Industrial Commission or under a different legal theory. The appellate court’s clarification keeps the door open to future proceedings in the proper forum.
What the Decision Means for You
If you are hurt while working for a staffing agency or subcontractor, the Solis-Santos case reinforces how important it is to understand who your legal employer is. The company that supervises your daily work may be treated as your employer for purposes of workers’ compensation, even if it did not hire you directly. This means you cannot file a separate personal injury lawsuit against that company or its employees for negligence.
At the same time, you still have rights under the Workers’ Compensation Act. You may be entitled to medical care, wage replacement, and permanent disability benefits. The challenge lies in identifying the correct employer and ensuring that your claim is properly filed and approved by the North Carolina Industrial Commission.
Workers who face injuries involving multiple contractors, subcontractors, or temporary staffing arrangements often need legal help to navigate overlapping insurance policies and jurisdictional issues. These cases can be complex, and the details of how the work was supervised, who controlled the job site, and how payment was handled can all determine your rights.
How an Experienced Workers’ Compensation Lawyer Can Help
Navigating the boundary between workers’ compensation and civil liability takes experience and attention to detail. When you are recovering from a serious workplace injury, you should not have to decipher which company bears responsibility or whether your case belongs in Superior Court or before the Industrial Commission.
Kevin Jones and the Dodge Jones Injury Law Firm help injured workers throughout coastal and eastern North Carolina understand their legal options and work to secure benefits under the Workers’ Compensation Act. If you were injured while working for a staffing company, subcontractor, or job site controlled by another business, the firm would be honored to review your situation and explain how the law applies to you.
You can contact the firm to discuss your case confidentially and learn whether your injury qualifies for benefits or if additional remedies might apply.
Can You Sue Your Employer in North Carolina? Understanding What the Law Allows
The Solis-Santos v. Lester decision reinforces that, in most cases, you cannot sue your employer in North Carolina for a workplace injury because the Workers’ Compensation Act provides the exclusive remedy under N.C.G.S. § 97-10.1. That system is designed to compensate injured employees without requiring proof of fault and to protect employers from civil lawsuits arising from on-the-job injuries.
For injured workers, this ruling highlights the importance of pursuing your workers’ compensation claim correctly and understanding whether any exceptions might apply. Certain cases involving third-party negligence or intentional misconduct may still allow a civil action, but these situations are rare and fact-specific.
If you were injured while working for a private company, subcontractor, or staffing agency and want to know whether you can sue your employer in North Carolina, Kevin Jones and the Dodge Jones Injury Law Firm can help you review your options under state law. With more than thirty years of experience handling North Carolina workers’ compensation claims and related civil cases, Kevin Jones provides practical guidance for workers across Greenville, New Bern, Jacksonville, and coastal North Carolina. To speak in confidence about your situation, call 252-299-5300.