North Carolina Workers' Compensation News
Temporary worker injuries in North Carolina may be covered under a workers’ compensation claim through a staffing agency and, if the company where you worked is legally a “third party,” a separate personal injury lawsuit. Identifying your employer requires more than looking at which supervisor gave you instructions.
You may receive your paycheck from a staffing agency while another company directs your daily work. After an on-the-job injury, the company where you worked may argue that it was also your employer and that workers’ compensation prevents you from suing it. Whether that argument succeeds depends on the employment relationship and the evidence supporting it.
In Jefferson v. Johnson Concrete Co., No. COA26-41, filed October 7, 2026, a divided North Carolina Court of Appeals rejected that argument. The majority held that the company had no express or implied contract of hire with the injured worker. Workers’ compensation exclusivity therefore does not necessarily prevent a separate civil lawsuit against that company from proceeding.