Visitor Question

Does my injury qualify for workers’ compensation?

Submitted By: Kate (Lumberton, North Carolina)

I tore three tendons and my flexers by standing on the tip of my toes reaching for product at my job. I have to be on my feet long hours and the doctor said it was damage caused by overexertion. It happened at work, but they say I am not entitled to workers compensation (even though it happened at work and was caused by trying to complete my required task).

They say it does not reach North Carolina regulations; so I’m asking, “Is my injury really not covered by workers comp?” Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kate,

Not all workplace injuries are covered under the North Carolina Worker’s Compensation Act.  To have the basis of a viable worker’s comp claim you have to show that you suffered an “injury by accident” as defined in §97-2.6 of the Workers’ Compensation Act.

There must be some identifiable cause of the injury outside of the normal and customary work duties. Back injuries are an exception and are compensable in North Carolina if they arise out of a specific traumatic incident, regardless of whether there is an accident.

It appears your injury claim was denied because your injury was not classified as an “injury by accident.” However, just because “they” say your injury is not covered does not mean you have no right to contest the decision.

Contact a local workers’ compensation attorney. Most workers comp attorneys do not charge for initial office consultations. Bring along copies of your medical bills and records.

Your attorney will contact the North Carolina Industrial Commission and file a petition contesting  the denial of your injury claim.  A hearing will be set, and your attorney will do everything possible to succeed in overturning the previous decision.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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