Workers’ compensation differs from an injury claim because North Carolina personal injury claims require proof that the accident was the other driver’s fault. Most commonly, all injuries caused by accidents at work are covered under workers’ compensation laws in North Carolina. Therefore, if you have a fall at work, you likely qualify for workers’ compensation even if it’s your fault.
Another type of workers’ compensation claim occurs when someone has a repetitive motion disorder caused by repeatedly completing the same task. An example of a repetitive motion disorder is carpal tunnel syndrome. Commonly caused by typing, carpal tunnel syndrome involves the swelling of tendons in the wrist after being held in the same position for many long shifts throughout one’s employment.
Remember, these examples are only a few injuries that may be covered under North Carolina workers’ compensation laws. Additionally, back injuries at work are treated differently and may lead to successful workers’ compensation claims in North Carolina even if there is no specific event outside the normal duties of your job. There are many possible scenarios, and it’s always best to consult with a personal injury attorney to verify your options.
When Does An Injury Rise Out Of Employment As It Relates To A Workers’ Compensation Case?
You must have been doing a job-related activity to qualify for workers’ compensation. The term “arising out of employment” means that you were explicitly on the job doing your company’s work at the time of injury. This point could be problematic if you were on a business trip when you became injured. The question then becomes whether you were doing work-related activities or engaged in an activity for your own personal benefit.
If you were on the clock at work while engaged in a frivolous activity such as playing football during a break, your claim of having a work-related injury might be denied. Ultimately, you must be actively engaged in your job and not doing anything else at the time of your injury. This may change, however, if the activity was arranged or sponsored by the employer.
What Happens If An Employee Is Partially At Fault For The Incident That Caused The Injury? Are You Still Eligible For A Claim?
Yes. Unless you intentionally hurt yourself.
Does The Injured Worker Have To Be At The Physical Place Of Employment To Qualify For Workers’ Compensation Claim?
No. During your injury, you may have been attending to a work-related task outside of the physical place of employment. For example, you may have been making a run to the store, traveling for the company, or visiting a different company location.
What Are The Proper Steps To Take If You Believe You Do Have A Valid Workers’ Compensation Claim In North Carolina?
The first step is to notify your employer immediately. Let the employer know that you were injured on the job. Then, identify witnesses and document their names and phone numbers. If you don’t tell your supervisors that you were hurt on the job and instead tell them days later, you don’t have witnesses to the injury. In this case, they can now try to claim that there was no accident, therefore not accepting your claim.
How Do I File A Workers’ Compensation Claim In North Carolina? How Long Do I Have?
Generally, you should file your workers’ compensation claim right away. If you don’t notify your employer right away about your injury, you’re going to have many problems trying to get that claim. In every claim you must file what’s called a Form 18 with the Industrial Commission. This is the Employee’s report of injury to the court and the employer. After notifying your employer, you should file Form 18 immediately to get started with your claim. There are time limits to file your claim and if you delay too long your claim may be time barred. You should immediately seek the advice of a qualified Workers’ Compensation attorney to protect your rights.
For more information on Workers’ Compensation Law In North Carolina, a free initial consultation is your next best step. Get the information and legal answers you seek by calling The Law Offices of Eric H. Kassor, PA at (919) 999-4462 today.