While there are exceptions, such as if you were under the influence of drugs or alcohol, your claim for workers’ compensation can be denied. If you intentionally injured yourself or intentionally started an altercation with another person, your claim for benefits can be barred. But if you did something silly, or even stupid, and caused yourself to be injured, you can still be entitled to workers’ compensation benefits.
Why Workers’ Compensation in North Carolina is “No Fault”
North Carolina’s workers’ compensation system is designed as a no-fault system so that injured workers can receive benefits quickly without having to prove who caused the accident. On its face, this system seems rather unfair – why should a person receive workers’ compensation benefits if they did something to get themselves hurt, like tripping over a railing because he was staring down at his phone? But the no-fault approach ensures injured workers get medical care and wage support without the delay and difficulty of litigating fault.
Quick and Specific Benefits
The first answer is that the North Carolina workers’ compensation system was designed to provide quick and specific benefits to people who are hurt on the job. We do not want plaintiffs and defendants in our court system to spend months or years battling about how or why an injured worker got hurt. We want injured workers to promptly receive workers’ compensation benefits, like medical care from quality doctors, and wage replacement payments (temporary total disability payments) so they can pay their rent or mortgage and support their families.
A Compromise System
The second answer is that the North Carolina workers’ compensation system is designed as a compromise between workers and employers. As part of that compromise, employers largely give up the right to challenge why an injured worker got hurt. If an employee got hurt on the job — in the course and scope of his or her employment duties — then he is entitled to workers’ compensation.
The other side of the compromise—in which employers give up the right to challenge how a worker was injured—is that injured workers generally cannot sue their employer and seek things like pain and suffering.
Workers’ Comp for Those At Fault in an Accident: The Bottom Line
Put simply, the rule cuts both ways. Employers cannot challenge a work comp claim because the worker did something wrong, but workers cannot file a lawsuit against their employer because their boss did something wrong.
Exceptions to the Rule
Again, there are always exceptions. North Carolina does allow “Woodson” claims, in which an injured worker can sue his or her employer if the employer did something so egregious that it was substantially certain someone would be injured, such as commanding employees to enter a trench filled with dynamite (yes, that actually happened). And employers can seek a reduction on benefits paid to injured workers who willfully violated a known safety standard that resulted in their injury (the Commission rarely grants these applications, and when they do, the reduction is 10% of the workers’ weeks of indemnity benefits). Injured workers can also apply for a step up in benefits if their employer is cited for an OSHA violation in conjunction with the employee’s injury (again, this is typically a 10% increase in weekly benefits owed to the claimant).
Outside of exceptions like Woodson claims or willful safety violations, in the vast majority of situations it does not matter how an injured worker was injured, so long as he or she was on the job.
If you have been hurt on the job and know you could have done something differently to prevent the injury, you should still apply for workers’ compensation benefits, because North Carolina’s no-fault, compromise-based system generally allows recovery regardless of fault.
Injured On the Job in North Carolina?
If you’ve been hurt while on the job, you may be entitled to workers’ compensation benefits and the North Carolina workers’ comp lawyers at Riddle & Riddle Injury Lawyers would love to help.
There are no upfront costs, and you never pay any attorney fees unless we get you the workers’ compensation benefits you need and deserve. It’s as simple as that.
Call (855) 652-2049 today and let’s review your claim.
In situations involving workplace injuries resulting in long-term disability, our North Carolina Social Security disability lawyers can help with those claims, as well.
Results for Injured Workers
We’re proud of the results we’ve secured for injured North Carolina workers, including a recent $2.475 million settlement on behalf of a construction worker who was critically injured in a fall from a platform (see disclaimer below).
In that particular case, Riddle & Riddle Injury Lawyers fought aggressively on behalf of the injured victim and his loved ones, even setting up a guardianship and two trusts to ensure our client’s long-term care.
I would recommend Riddle & Riddle Injury Lawyers to anyone who needs help with workers’ comp.
B. Fields, Riddle & Riddle Injury Lawyers client
Board-Certified Specialist in Workers’ Compensation
Our work injury team is led by Adam Smith, attorneys and Board-Certified Specialist in Workers’ Compensation law. Specialists have been recognized by the NC State Bar for their expertise and experience handling these claims. Adam has helped hundreds of North Carolinians get the benefits they deserve, totaling millions in compensation (see disclaimer below).
Adam is a member of Super Lawyers and has received the AV Preeminent rating from Martindale-Hubbell — the organization’s highest rating for an attorney (see disclaimer below).
Every time I’ve needed them, they were there for me.
Tyronnie T., Riddle & Riddle Injury Lawyers client
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
