Legal Question in Civil Litigation in North Carolina

Re: working for homeowner

Alot depends on the specific facts of the situation, but generally in NC, companies with more than 3 employees are supposed to carry workers compensation insurance. Not doing so is actually a crime. As for the liability, if employer should have had WC insurance, you can make a claim directly against the company with the Industrial Commission. If the employer did not have to carry WC, it will depend on whether anyone's negligence caused the injury. Often, folks are hurt at work in circumstances that would not allow for any recovery outside of workers compensation. For example, if you slipped and fell, injuring your knee, WC probably covers it, but under normal civil law you'd likely have no case, or even if you did you'd be facing contributory negligence and other defenses.

Without WC, in theory several folks could be liable, depending on the facts. Contributory negligence is a huge hurdle, however, even if you can establish someone's negligence caused you harm.