Most claims under the North Carolina Workers' Compensation Act fall under the category of injury-by-accident. To qualify as a compensable claim under the North Carolina Workers' Compensation Act, there must be:
- A specific event that caused the injury; and
- A specific accident in which the injury occurred. The term accident is broadly defined under the Workers' Compensation Act, so most events will qualify as an injury-by-accident.
There is an exception for back injuries. Back injuries often qualify for compensable treatment in workers' compensation as an injury-by-accident, and it may not be necessary to point to a specific traumatic event where the injury occurred.
The injury-by-accident must occur on the job, and within the scope of the employee's regular job duties. An accident that occurs outside the scope of an employee's job duties will usually not qualify as a compensable workers' compensation injury.
Many events will qualify as an injury-by-accident even if caused by the employee's own negligence or fault. Unlike personal injury claims in North Carolina, the company cannot rely on the fault or partial fault of the worker to avoid liability.
If you suffer an injury on the job, make sure to immediately report the accident to your employer and complete an accident report. You should provide the specific circumstances under which the injury occurred as soon as you are able to do so.
Levy Law Offices represents individuals in workers' compensation claims on a contingency fee basis. The contingency fee basis is 25% of recovery received, if any, and all attorney fees are subject to approval by the North Carolina Industrial Commission. The client is responsible for payment of all costs in the case, which may include medical records, deposition costs, postage, and copying costs.