You Got Hurt While Driving Home in the Snow: Are You Still Eligible for North Carolina Workers’ Compensation?

December 6, 2012, by Michael A. DeMayo

Perhaps you got hurt at work by wrenching your back lifting boxes into an office supply closet. If so, no one would doubt that you were actually “at work” when the injury occurred or that you were engaged in a work-related project.

So your case might be pretty simple.

Not all cases are so cut and dry. When “grey” situations arise with respect to your claim, your quest to collect benefits may turn surprisingly frustrating and contentious. Here’s a good example a legally ambiguous situation.

Imagine you’re a consultant for a large firm assigned to attend a sales conference in Western NC. Business wraps up. So you hop on the freeway and head for home. But you encounter a snowstorm. While chatting with a work friend on your car, your car skids on the icy/snowy freeway, and you crash. The fender bender leaves you with whiplash that requires treatment to the tune of $40,000.

Can you collect workers’ compensation to offset the expenses of the treatment?

The situation may be cut and dry one way or the other. Or it may not be, depending on the nature of your work, the nature of the accident, and even the substance of the conversation you had been having with the friend/co-worker!

These kinds of legal ambiguous situations have occurred thousands of times throughout the history of workman’s comp. If you’re caught in a similar kind of ambiguous situation, the choices you make (or fail to make) can literally make or break your case.

Key pivotal choices include:

•    The quality of your Charlotte workman’s compensation law firm;
•    The speed and alacrity with which you investigate the claim;
•    The agility with which you respond to questions from insurance company, an employer or other interested party.

Begin to stack the deck in your favor by connecting with a solid, highly reputable law firm, like DeMayo Law, for a free consultation, so you can understand what you might be up against.