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Construction Firm Dispute: Employee or Contractor

When a lumber company in eastern North Carolina found itself facing a workers’ compensation claim, Lewis & Roberts successfully argued before the NC Industrial Commission that the plaintiff was an independent contractor, not an employee. While the plaintiff was paid by the hour and used some of the company’s tools to conduct his work, Lewis & Roberts highlighted the plaintiffs sporadic work schedule and lack of supervision. The Commission agreed that the plaintiff could not satisfy the legal definition of “employee” as set forth in NC law and later affirmed its decision on appeal.

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