Lawsuit Not Allowed for Heat-Stricken Worker Despite Previous Death, NC Court Says
North Carolina appeals court bars a heat-injury lawsuit, saying workers' comp is exclusive even after a prior heat death.Summary
The North Carolina Court of Appeals dismissed a lawsuit filed by farm worker Carlos Vargas Moreno, who suffered a debilitating heat stroke in 2022 after a previous heat‑related death on the same farm in 2020. The court held that the employer’s failure to fully implement heat‑stress safety measures, while negligent, did not meet the narrow “exclusive remedy” exception established in Woodson v. Rowland, which requires conduct tantamount to an intentional tort. Because workers’ compensation provides the sole recourse, the suit was barred despite the severe, permanent injury and the employer’s prior OSHA citation. The ruling highlights the limited legal options for agricultural workers facing heat hazards, with an estimated 170,000 outdoor workers injured and up to 2,000 dying annually from heat stress nationwide.
(Source：Insurance Journal)