In your place of employment, even if you’re careful and everything is being done right, accidents can happen. Workplace injuries are regulated by the North Carolina Workers’ Compensation Act, found in Article 97 of the North Carolina general statutes. It states that “an injury by accident” must be suffered by an employee in order for them to be eligible for NC workers’ compensation.
Simply put, a compensable injury is one where the normal work activity was interrupted by something unusual. Perhaps a slip, trip, or fall. Compensable injuries must arise in the course and scope of the employment.
What Injuries Are Covered?
Here is a list of the types of injuries that are often covered by NC workers’ comp:
- Nerve damage
- Knee injuries
- Internal organ injuries
- Facial injuries
- Crush injuries
- Pre-existing injury aggravation
- Arm/hand vibration injuries
- Hand injuries
- Ankle and foot injuries
- CRPS (complex regional pain syndrome)
- Shoulder injuries
- Chemical burn injuries
- Burn injuries
- Bone fractures
- Brain injuries
The Nature of an Injury
When obvious in nature, an accident can be easily explained. As an example, if an employee is injured in an on-the-job automobile accident, falls from scaffolding or a ladder, is injured by machinery, or injured by a falling object, they are obvious in nature. If, however, the accident is not obvious in nature, it may not be covered. To find out whether a medical condition or injury is covered, you would be wise to consult with an experienced, workers’ compensation attorney.
An Exception to the Rule – Back Injuries
The precise definition of a back injury can be found in the Worker’s Compensation Act Section 97-2.6. What it boils down to is a relatively worker friendly legal standard regarding proof of how your back was injured. Compensable (covered) back injuries happen in a situation that results in injury by accident. If, in a work assigned situation, you suffer a specific traumatic back injury, it should be covered.
If an injury/disease is a result of something that was suffered over time, this should also be covered. Due to the circumstances of their occupation or their environment at work, workers have suffered industrial disease or occupational disease. The Worker’s Compensation Act section listed above is also applicable here. Covered under workers’ compensation are the following occupational diseases/medical conditions:
- Chemical caused diseases
- Smallpox infection
- Undulant fever
- Poisoning by hydrofluoric acid, hydrochloric, or sulfuric acid
- Compressed air illness
- Lead poisoning
- Manganese poisoning
- Zinc poisoning
- Brass poisoning
- Arsenic poisoning
- Vision loss
- Hearing loss
Cardinal Law Partners – Experienced Workers’ Compensation Attorneys
Have you been injured or experienced a disease that is directly related to your job? Although you have time to file an accident/injury report, do so as soon as possible. The smartest course of action in a case like this is to consult with an experienced, knowledgeable attorney who is well-versed in NC workers’ compensation laws, regulations, procedures, etc.
At Cardinal Law Partners, we can help you get the compensation you deserve and protect your rights. Contact us today for a free consultation.