Exclusive Remedy
If the employee and employer have complied with the North Carolina Workers Compensation Act, then the remedies in the act are their exclusive remedies. Other remedies at common law and other potential statutory rights are excluded. In addition, all of the questions pertaining to how the Workers Compensation Act applies are heard by the North Carolina Industrial Commission, rather than in court. Statutorily, there is a presumption that employers and employees are within the North Carolina Workers Compensation Act. In addition, contracts that relieve employers from the obligations of the Workers Compensation Act are null and void. This means that you cant sign away your rights under the Act. On the flip side of the coin, employers are only held to be liable for personal injury or death to the extent the Workers Compensation Act allows and no more. Although most all common law rights are forfeited by both parties, the forfeiture is not absolute either. If a tort occurred outside the scope of employment, then all common law remedies are still available to both the employee and employer.
There is one exception, however, called Woodson Claims. If the employer has been found to commit intentional torts or purposely injure the employee, common law remedies may still be available, and the employee is allowed to pursue a civil action against the employer. The standard is very high. In fact, the standard is even higher than willful, wanton, and reckless disregard for an employee's safety. The complaint must show that the employer knew that the activities were ultra-hazardous, inherently dangerous, and that severe injury or death was substantially certain to occur. When this is the case, an employee can recover under both a Woodson Claim and under the Act.