Is My Work-Related Injury Considered an Accident? Understanding Workers’ Compensation

I was injured when something got jammed in a machine at work and my employer says this is not an accident which would allow me to receive workers’ compensation benefits.

This issue was addressed by the North Carolina Court of Appeals in Embery v. Goodyear Tire & Rubber Co. (2020)

In this case the injured employee injured his shoulder when he was removing rubber jammed in a machine at work. The employer denied the injured employee workers’ compensation benefits alleging there was not an “accident” at work, which caused the injury.

The North Carolina Court of Appeals noted that an “accident” is defined as an interruption of the normal work routine of work and the introduction thereby of unusual conditions likely to result in unexpected consequences.

The North Carolina Court of Appeals ruled that when an activity which is otherwise unusual becomes part of the employee’s normal work routine, it no longer should be considered an interruption of the normal work routine. The North Carolina Court of Appeals ruled that because there was evidence that the injured employee had to remove rubber jammed in machines at work on a regular basis, this was now part of the normal work routine and therefore, which not qualify as an accident at work.

Should you have any questions about this or any other issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.