Our North Carolina workers’ compensation lawyers in Greensboro and elsewhere want to warn injured employees that staying quiet after they are injured can hurt their case in the future. A keep-quiet approach is often a tactic used by businesses and their insurance companies.
Let’s review for a moment that workers’ compensation is a system that provides injured North Carolina workers a means of payment if they are hurt in an accident while at work. The system in North Carolina is endorsed by the North Carolina General Assembly and is overseen by the North Carolina Industrial Commission (NCIC).
The NC workers’ compensation system removes on-the-job injuries out of negligence or tort law, and commonly prevents workers from bringing a lawsuit against their employer directly.
A worker can still sue their employer if the company purposely engaged in behavior that is sure to result in death or a severe injury, or purposely injures a worker. This is commonly known as Woodson claims. Most businesses buy insurance to cover workers’ compensation costs and some large businesses are self-insured thus hiring outside managers to oversee their workers’ comp claims.
Now you may be wondering what injuries are covered under workers’ compensation. Only injuries that occur on-the-job that are caused by an accident are covered by workers’ compensation. That seems simple, but its not. Employers and their insurance company oftentimes try to discredit the worker, thus denying the workers’ compensation claim.
That’s the reason for having an experienced lawyer help you through this process, so that nothing you say can hurt your case later. Injuries occurring on the job are compensable under the North Carolina workers’ compensation system if the cause of the injuries can be identified as happening from outside of the normal work routine.
Frequent types of workers’ compensation accidents include machine accidents, falls, auto accidents and load handling accidents. Back injuries that occur due to a traumatic event, whether it is an accident or not, are compensable in North Carolina. Other cases that are often contested are — did the injury happen while at work.
To be compensated for an injury, it had to happen while the employee was performing his or her job. To be compensable under North Carolina workers’ compensation system, occupational diseases like carpal tunnel syndrome, brown lung and certain cancers must meet the following criteria: the worker was at a greater risk of catching the disease compared to the common public and the dangerous working circumstances contributed to the disease.
Even if the worker caused the accident, they can still be compensated as long as the accident wasn’t caused intentionally or didn’t involve the use of drugs or alcohol by the worker. Breaking safety rules by the worker or the employer may affect the outcome of a workers’ compensation case.
In a situation where a worker is hurt by a non-company employee, claims can be made against their employer’s workers’ compensation and against the third party that is responsible. An example of this is if you are working for a delivery company and you slip and fall while making a delivery at another business.
If you been injured in a work-related accident contact the experienced attorneys at the Lee Law Offices, P.A. for help regarding your case. Workers’ compensation cases are extremely complex and require expertise only a knowledgeable attorney can provide. Call 1-800-887-1965 for a free initial consultation to discuss your case today.
More Blog Entries:
Work Site Safety Inspections Important in Reducing Work Injuries in Charlotte, Asheville, North Carolina Workers’ Compensation Lawyers Blog, September 27, 2011.
Online Courses for Job Safety Training Can Help Reduce Injuries at Work in Gastonia, North Carolina Workers’ Compensation Lawyers Blog, September 18, 2011.