I hurt my back; is it covered under workers’ comp?
Since back injuries are without question the number one type of workers’ compensation
case I handle, I thought I’d kick off my blog (or “blawg” as lawyer blogs are often called) with the topic. In order to have a compensable workers’ compensation case, an employee has to have some type of “accident.” An “accident” means that something unusual in the work routine has to happen, such as a slip or a fall. For example, say one’s job is to lift boxes at UPS and his shoulder pops, this may not be compensable if the employee was simply lifting the box as part of his regular job routine. (I’ll discuss what does or does not constitute an “accident” in my next blog).
The big exception to this is when you hurt your back. With a back injury
you don’t have to have an “accident.” There just needs to be a specific incident in which you hurt your back. The incident need not involve unusual conditions or an interruption from an employee’s normal routine. Take that same employee at UPS, going about his normal job of lifting boxes, he suffers a back injury and it’s compensable. Back injuries can occur with any type of employment. If you’ve hurt your back on the job you should see a doctor (even if you don’t think it’s that bad as back injuries can get progressively worse), report it to your employer and file a form with the North Carolina’s Industrial Commission. Ideally this is all being done on the day of the injury, not days afterwards.
If there’s any doubt as to whether or not you need guidance, that’s the time to call a lawyer. You need to know your rights and the law. An insurance company will call you to take a recorded statement; without legal guidance you may unknowingly say things that could hurt you and negatively affect your chances of winning the case.
This blog is presented for informational purposes only. Content does not constitute legal advice or solicitation and does not create an attorney-client relationship. Views expressed are solely those of the respective author and should not be attributed to any other party, including The Law Offices of John M. McCabe, P.A. or its clients. The authors make no guarantees regarding the accuracy or adequacy of information contained herein or linked to via this blog. "Comments" published on this blog do not reflect the views of any of The Law Offices of John M. McCabe, P.A. or its clients.
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