What Are Examples of Work Injuries?

It’s vital to understand how the workers’ compensation system functions in North Carolina, but what are examples of work injuries? Generally, any injury suffered while one is performing their job duties can potentially qualify as a work injury, but the injury must prevent them from working for an extended time for it to qualify for workers’ compensation benefits. An experienced workers’ compensation attorney can help their client claim these benefits.

Determining Whether Your Injury Is a Work Injury

The general definition of a work injury for the purposes of filing a workers’ compensation claim would be any injury suffered while working. However, workers’ compensation insurance functions similarly to most other types of insurance, meaning there are rules and stipulations when it comes to claiming workers’ compensation benefits. The following questions can help determine whether your injury qualifies as a work injury:

• Did the injury occur during your commute? If so, workers’ compensation does not apply to injuries suffered while coming to or going home from work. If you drive as part of your work duties and are injured in an accident, this would be a different case, and because you were performing your job duties, you could file a workers’ compensation claim.
• Did you cause the injury yourself? If so, it will not necessarily prevent you from claiming benefits except under certain conditions. If you caused your own injury through an honest mistake or simply negligence while you were working in good faith, you will likely still qualify. If you were injured because you ignored workplace safety rules or were working under the influence of drugs or alcohol, you would likely be disqualified.
• Was the injury sustained while performing your regular work duties? If you were injured by horseplay, it could disqualify you. Alternatively, if your boss asked you to do something outside your usual responsibilities that had virtual certainty of causing an injury, you may not only qualify to file for workers’ compensation benefits but also file a civil suit against your employer.
• Is the injury severe enough to prevent you from working for an extended period of time? Minor injuries that can be treated with basic first aid supplies do not qualify for workers’ compensation benefits. Generally, an injury must cause you to miss at least seven days of work in order for you to qualify for disability benefits. An experienced attorney can help secure the fairest possible benefits determination from an insurance company.

If you believe your recent injury or illness is indeed work-related, then you are likely eligible to file a claim for workers’ compensation benefits through your employer’s insurance. However, this process is likely to be more challenging than you may expect, and you may also have additional avenues of recovery available to you that you may not realize on your own.

Working with an experienced attorney can significantly improve your chances of success with your work injury claim, and you will be better prepared to confront any unexpected complications you encounter with your attorney’s help. Ayers, Whitlow & Dressler, have years of experience helping our clients through all types of work injury cases, and we can apply this experience to your work injury case in Concord.

FAQs

Q: What Are the Most Commonly Reported Workplace Injuries?

A: According to the National Safety Council (NSC), the most commonly reported workplace injuries in the United States include overexertion, slip and fall-related injuries, and harmful exposure. If you are unsure whether your injury or illness qualifies as work-related for the purposes of claiming workers’ compensation benefits, the most important determining factor is whether you incurred the injury or illness through the performance of your job duties.

Q: What Is a Repetitive Stress Injury?

A: A repetitive stress injury is any injury that manifests gradually over time due to the repeated stress the body experiences when the individual performs their work duties. For example, carpal tunnel syndrome is a repetitive stress injury common among office workers who are required to type every day. While typing generally cannot cause serious acute injuries, over time, carpal tunnel syndrome can be painful and debilitating, interfering with the victim’s ability to work.

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: The amount of workers’ compensation benefits you can receive from a successful claim largely depends on the severity of your injury, how long it will take for you to recover enough to return to work, and your earnings during the previous year prior to the injury. If you cannot work at all, you should expect full medical expense coverage and weekly disability benefits equal to about two-thirds of your average weekly income.

Q: How Do Partial Disability Benefits Work?

A: In North Carolina, partial disability benefits work by offsetting diminished earning capacity if your injury does not prevent you from working entirely, but it does prevent you from earning as much as you usually earn. The insurance company will pay you an amount each week based on how much you are able to earn. You will need to continue to report your weekly earnings to the insurer to continue to qualify for these benefits, and they will cease once you fully recover.

Q: Do I Need to Hire a Lawyer for a Workers’ Compensation Claim?

A: You need to hire a lawyer for your workers’ compensation claim if you want to reach the optimal outcome of your claim. A Concord on-the-job attorney can help their client navigate the insurance claim filing process more easily, confront difficult insurers who unfairly push back against legitimate claims, and ultimately help their client reach better results than they likely would have managed on their own.

The attorneys at Ayers, Whitlow & Dressler offer contingency fee billing for workers’ compensation claims, meaning our client pays a percentage of the compensation we secure for them as their fee, and only if they win. There is no financial risk to hiring our team to help you with your claim, so contact us today to schedule a free consultation with a trusted Concord on-the-job attorney with your case.