Can you collect North Carolina Workers’ Compensation for your injury?

February 4, 2010, by Michael A. DeMayo

To collect North Carolina Workers’ Compensation benefits, you must first go through a rigorous and formal process. Even if you were legitimately hurt at work and you have a clear case for needing Workers’ Comp; if you don’t go through official channels, you could be denied compensation and long-term coverage. So, take your time now to understand your options. Go over any questions you might have with a credentialed North Carolina Workers’ Compensation attorney, and plot out a strategic course for your rehabilitation and remuneration.

To qualify, your injury must generally meet the following criteria:

1. You got hurt or sick during the course of your employment.
2. The injury or illness arose directly or indirectly from circumstances of your job.
3. The injury and illness created an impairment which led to medical costs and/or lost wages.

Of course, just because you got hurt on the job does not mean that you will automatically collect North Carolina Workers’ Compensation. Conversely, if you got hurt on the job and it was your fault, you are NOT necessarily denied coverage.

Confused? Let’s take a look at some examples to clarify these points.

Let’s say that you and a co-worker horsed around on some industrial equipment, and you fell off and broke your femur. In this case, you likely would NOT be able to collect North Carolina Workers’ Compensation benefits because your negligence led directly to the injury.

Similarly, let’s say that you suffered a stroke on the job. If you were predisposed to stroke (obese, diabetic, history of stroke, etc), and the condition occurred NOT because of your job, you may not be able to collect Workers’ Comp benefits. (You may have alternative avenues to collect support, however.)

Alternatively, let’s say you suffered a stroke during a particularly stressful time on the job. You might be able to argue that the stress of the situation caused or exacerbated the stroke; and thus you should be entitled to Workers’ Comp.

The point is, at the end of the day, subtle distinctions matter a great deal when it comes to North Carolina Workers’ Compensation benefits. To protect yourself against insurance company harassment, problematic negotiations with your employer, snafus with paperwork, and other potential but not so obvious hurdles. It likely behooves you to discuss your matter with a qualified and trained North Carolina Workers’ Compensation lawyer.

A professional attorney can draw upon a deep knowledge of the law and practical applications of the law to provide you with strategic guidance during this difficult time.

More Web Resources:

Workers’ Compensation Criteria

Denied Coverage? It can be maddening!

 
 

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