- March 19, 2022
North Carolina records a significant number of job accidents annually. In 2020, private industry employers reported 64,900 nonfatal workplace injuries and illnesses. Then, the state and local governments reported 15,400 injuries and diseases. Fortunately, Charlotte workers’ compensation attorneys can get these wounded workers comp benefits.
However, contrary to many people’s opinion, not every workplace injury is compensable in Charlotte, NC. Firstly, such damage must have mistakenly occurred out of an in the course of employment. Intentional job-related wounds are thus not compensable. But it doesn’t end there.
Instead, North Carolina has an accident rule that further limits compensable injuries. That’s why it’s best to hire a Charlotte workers’ compensation lawyer. An excellent attorney can detect when your employer is trying to deny that your injury resulted from an unplanned incident. They can protect your claim and get you the maximum compensation.
What Is an Accident Under North Carolina’s Workers’ Compensation System?
Before understanding North Carolina’s accident rule, you must first understand its definition of injuries. You can find this definition in the North Carolina Workers’ Compensation Act. The law defines a wound as injury by accident arising out of and in the course of the employment, and shall not include a disease in any form, except where it results naturally and unavoidably from the accident.
Therefore, you cannot get workers’ comp benefits for workplace wounds that did not result from an incident so classified. Now, an “accident” is an unexpected event that interrupts your regular work routine.
Also, the injured employee mustn’t have designed such an event. This definition thus excludes injuries that occur during regular work routines. Therefore, examples of events that can classify as accidents include slips and falls, and assaults.
How Do Charlotte Insurance Adjusters Exploit the Accident Rule?
It’s no secret that employers don’t like paying workers’ compensation claims. So, they consistently devise schemes to avoid responsibility. One such means is to argue that an employee’s injury didn’t arise from an accident. If they’re successful, you can lose your right to compensation.
Therefore, insurers often demand recorded statements. They’ll keep asking questions during the questioning to show that your injury occurred during your usual work routine. For example, they could ask if you were doing anything you don’t usually do. Consequently, suppose you cannot identify an unexpected or untoward event. Then, it’ll be ruled that you weren’t in an accident.
What Can You Do?
Fortunately, you can still get the maximum compensation in your workers’ comp case. Firstly, suppose you can’t identify a specific unusual event that caused your injury. Then, it’ll be best to speak to a workers’ compensation attorney. A lawyer can then advise you on the next best step.
However, the easiest way to protect your claim is by being aware of the effects of the accident rule. Unfortunately, many Charlotte employees are unaware of the existence of this rule. So, the narration of their accident robs them of their right to compensation. Knowing about this rule will help you appreciate every detail of the accident.
Example
For example, suppose you carry heavy loads at work. Now, imagine that you suffered a dislocation while lifting loads at work. You must then show how this injury resulted from an incident. For instance, an unexpected and untoward event is losing your balance while transporting the loads. It’ll satisfy the accident rule requirement if you mention this during the interview stage or in your injury report.
The Specific Traumatic Experience Exception
There’s a notable exception to North Carolina’s accident rule. However, this exception only applies to back injuries. It widens the definition of “accident,” where back injuries arise out of and in the course of employment and are the direct result of a specific traumatic incident during your regular work. Here, the law construes any physical disabling injury to your back to be an “injury by accident.” Therefore, you can recover comp benefits for such injuries.
Guarantee Your Comp Benefits With the Best Charlotte Workers’ Comp Attorneys!
If you’ve suffered any job-related accident and injury, then you may be eligible for comp benefits. You ordinarily don’t need a lawyer to get the money you deserve, especially if you trust your employer. However, insurance carriers don’t relish paying comp benefits. Therefore, hiring Charlotte workers’ compensation lawyers will be best.
Our attorneys have several years of experience handling unscrupulous employers and insurers. So, we can protect your workers’ comp claim and get you the maximum compensation. Therefore, it’ll be best to call us today for a FREE initial consultation. Preferably, contact us before the insurer shows that your wound was a natural result of your employment.
