In order to receive Workers’ Compensation benefits, a worker must show that the work injury they suffered actually happened in the workplace, was caused by their work, and is an injury that Workers’ Compensation recognizes as compensable.
Work Injury Caused by an Accident
The majority of compensable Workers’ Compensation claims arise from workplace accidents. For a valid Workers’ Compensation claim, an accident must have been an unexpected event that caused an interruption and injury to a worker’s normal work routine. This broad classification of injuries means that a variety of injuries can apply such as anything from a slip and fall injury all the way to a catastrophic accident.
Workers must also show that their work injury arose from their employment. This means that the worker must be able to show that the injury is caused by a risk that is inherent to the job and is not common to other members of the public. Additionally, the worker must show that they were injured at a time and place during which the injured worker was working for the employer.
It is important to note that Workers’ Compensation is a no-fault insurance policy. This means that regardless of whose fault it was (worker OR employer), the injured worker is entitled to collect benefits..
An injured worker is also entitled to Workers’ Compensation benefits if they can show that their injury was the result of an occupational disease. An occupational disease is a disease that a worker receives while on the job. This can be show by proving that the worker contracted one of the diseases under N.C. Gen. Stat. § 97-53 or by showing one of the following:
- Contracted the disease
- Was exposed to hazardous substances or conditions
- The job subjected the worker to a greater risk of developing the disease then members of the general public; or
- The hazardous exposure cause or significantly contributed to the development of the disease
If you or someone you know has been injured while at work, you should Contact Us for a free consultation. By contacting an experienced Worker’s Compensation attorney, you will receive valuable legal advice and an experienced guide through the complex Worker’s Compensation process.
James Minick is a criminal defense attorney in Asheville, NC and is the owner of Minick Law, P.C.