Family of Worker Killed While Fleeing Immigration Raid Not Entitled to Workers’ Compensation Benefits in North Carolina
Earlier today, the Court of Appeals of North Carolina affirmed an administrative ruling that a worker’s surviving family was not entitled to collect workers’ compensation benefits where the worker suffered a fatal heart attack while running away from a suspected raid by the Immigration and Naturalization Service at the lumber mill in which he worked. The court explained that the North Carolina Industrial Commission’s conclusion that the worker’s death did not arise out of his employment was supported by competent evidence, specifically that he died while fleeing an apparent immigration raid and that there was no evidence of an increased risk to the worker of an immigration raid as part of his employment.