A temp worker's arm got caught in a cement mixer. Then the company said he wasn't their employee.
The worker was placed at Johnson Concrete Company through staffing agency Labor Finders in March 2022. Two months in, a company employee told him to clean dried cement from a mixer's blades. His right arm became trapped beneath one, causing extensive injuries to his arm, wrist, and hand.
He filed a workers' compensation claim against Labor Finders. He also sued Johnson Concrete in Rowan County Superior Court for negligence, gross negligence, and punitive damages.
Johnson Concrete's defense was blunt: the Workers' Compensation Act barred the lawsuit entirely. If the worker was the company's employee, workers' comp was his only remedy - and the superior court had no jurisdiction. The trial court agreed and granted the company partial summary judgment.
The North Carolina Court of Appeals reversed that decision on October 7, 2026, in a 2-1 ruling.
The contract between Johnson Concrete and Labor Finders stated that all temporary workers assigned by the agency "are employees of Labor Finders." The staffing agency handled hiring, wages, benefits, payroll taxes, unemployment contributions, and workers' compensation insurance. Johnson Concrete was responsible for training and on-site supervision.
Then came the deposition. Johnson Concrete's own corporate representative confirmed the worker was not the company's employee, received no wages or benefits from it, was not on its workers'...
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