Jurisdictional Issues in Workers’ Compensation Cases
One of the most important factors in any workers’ compensation claim is location, location, location. Where you were injured is a crucial factor that can dictate whether or not you will have a successful claim. If an accident occurs outside of the state of North Carolina, the North Carolina Industrial Commission may not have jurisdiction over your claim.
3 Main Jurisdictional Issues
Jurisdictional issues manifest during the process of a worker’s compensation claim if:
- The contract for employment was made outside of North Carolina.
- The employer’s principal place of business is outside of North Carolina.
- The worker making a claim has a principal place of business outside of North Carolina.
If the contract was made inside North Carolina, the employer’s principal place of business is located in North Carolina or the claimant’s principal place of business is in North Carolina, the commission will have proper jurisdiction over your claim.
Contract for Employment
To establish that your employment contract was made in North Carolina, the “last act” test is used. This looks at the final act that would be necessary to make a binding employment obligation and where it took place. If for any reason you are unsure whether your contract was made in North Carolina or another state, talk to an experienced workers’ compensation lawyer in North Carolina.
Employer’s Principal Place of Business
An employer’s principal place of business is where the company becomes incorporated. An employer cannot have multiple principal places of business. Therefore, wherever a company’s corporate headquarters is located is where the principal place of business is located. Finding out whether the employer’s principal place of business is in North Carolina is as easy as looking up the corporate headquarters or the location of the CEO of the company.
Employee’s Principal Place of Business
Jurisdiction can also be established when the employee’s principal place of business is in North Carolina as well. To assess this a “standing alone” test is used. This test measures whether an employee predominantly conducts business in a state other than North Carolina.
Filing a worker’s compensation claim is difficult enough. The last thing you want to happen during your claim is to find out that the commission doesn’t have jurisdiction over your claim. Jurisdiction can be tricky, which is why you should always have a North Carolina workers’ compensation lawyer handle your claim.
If you have any questions regarding jurisdiction in workers’ compensation claims, the experienced workers’ compensation attorneys at Campbell & Associates is here to help. Contact us today at 704.333.0885 for a free consultation. Experts are available 24 hours, 7 days a week so call today so we can get you the compensation you deserve.
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