Due to the COVID-19 pandemic, we are providing free consultations via PHONE or VIDEO conferencing for your safety and convenience. Our Charlotte office is OPEN during its regular hours.


How does OSHA determine if a worker injury is work-related?

On Behalf of | Feb 5, 2015 | Workplace Accidents

Media outlets in Charlotte and other communities throughout North Carolina can be counted upon to report on a scaffolding fall, trench collapse or similar industrial accidents in which a worker injury occurs. Under such circumstances, there is little doubt that the injury was work-related, but classifying injuries as being caused by a work accident is not always so simple.

An injured worker may be entitled to workers’ compensation benefits for lost wages, medical expenses and rehabilitation costs if the injury or illness is related to the individual’s employment. Some accidents, such as falling debris or a coworker negligently operating machinery, might at first appear to be obvious examples of workplace accidents but the injury that results might not be classified as work-related.

OSHA defines a work-related illness or injury as one that is caused or aggravated by an occurrence or exposure to something in the workplace. OSHA presumes an injury to be work-related if it is caused by a workplace accident, but there are exceptions.

For example, if a company employee is visiting the workplace on his or her day off, such as an amusement park worker visiting the park with his or her family, an accident might not result in a work-related injury under OSHA guidelines. Likewise, an automobile accident in which an employee is injured while commuting to or from work would not be classified as work-related, but if the accident happens while the worker is performing a task on behalf of the employer, while using a personal vehicle, the classification could be different.

Determining whether a worker injury is work-related involves complex legal issues that are beyond the scope of this brief posting. The information contained in this blog is not intended to be relied upon as legal advice, which should only be sought from an attorney.


See What Our Clients Say

Robert Whitlow was awesome. He made sure he was totally prepared and also that we were prepared. Because of his knowledge and professionalism our case went through without a hitch.

Stephen D.

View more

See What Our Clients Say

Robert Whitlow is a great asset to your firm. He’s personal as well as professional. I cannot thank him enough for his help!

Jeanette W.
View more

What Our Clients Say

My previous attorney lost my disability claim. I saw Attorney Robert Whitlow and he took the time to totally understand what was going on and helped me get the necessary information.

Brandi P.
View more