Do I Have a Workers Comp Case?
When an employee is involved in a work accident and is injured as a result, he or she may have a claim for workers’ compensation. However, there has to be an actual accident in order to receive the benefits. In this video, Raleigh workers’ comp lawyer Gene Riddle explains what an “accident” means in this context. Workers injured on the job should speak to a lawyer before they file a claim; it costs nothing and there is no further obligation to have an attorney review the case and offer legal advice.
In North Carolina, if you’re involved in an accident on the job, workers’ compensation case, in order for the employer to be liable for your accident, it has to be an accident.
What is an accident? That is exactly what it is, an accident, something that happened that wasn’t planned, something that was not looked forward to, something that you couldn’t anticipate.
Let me give you an example: I’m walking down the hall and I don’t trip, I don’t slip, I don’t fall; my knee blows out. Because I was walking, I didn’t have an accident, but it happened on the job, that’s not covered, it’s not compensable. However, if I’m an employee and walking down the hall and there’s a puddle of water, and I slip in the water, fall, tear my knee up, that’s an accident and workers’ comp is liable for it and will have to pay all of the medical bills associated with it, and any compensation for permanent injury, and any compensation for lost wages.
There is a little quirk in workers’ compensation that makes it so much different from other types of injury cases. If you’re hurt on the job, there is no compensation for pain and suffering. If you’re hurt in a car wreck or you’re hurt on someone’s property as a result of someone’s negligence, then you’re entitled to pain in compensation, or pain and suffering for compensation. If you’re hurt on the job there is no compensation for pain and suffering. Please give us a call or send us an email. We’re here, we’re ready to help. Justice Counts.