If you have suffered an injury at work or on the job, you may be entitled to receive additional benefits through workers compensation. In North Carolina, this may include time lost from work, disability (full or partial), and medical bills.
One of the top ten most common on-the-job injuries are motor-vehicle collisions. Car accidents that occur while an employee is on the job are generally covered by workers’ compensation . When travelling to and from work, the “coming and going rule” applies and motor-vehicle wrecks are generally not covered by workers’ comp . However there are exceptions to this rule.
If the employee is arriving at work or leaving for the day and is still on the employer’s property when an accident occurs, this may be covered by the North Carolina Workers’ Compensation Act .
If you are driving a vehicle to perform an errand or duty strictly as part of your employment and are injured in a motor-vehicle accident you may have a compensable workers’ comp case. If you left work to run a personal errand, you would not be covered. But if a supervisor sends you to the print shop to pick up copies for work, this is a task specific to your role as an employee.
Another exception to the “coming and going rule,” is if travel is part of your job. If an employee’s job description requires travel and an accident occurs, this may be covered.
These types of cases are rarely black and white. Having legal representation will not only ensure that you have a much more thorough understanding of your rights and the law, but that your case has a favorable outcome. If you have any doubt as to whether your motor-vehicle accident should be considered a workers’ compensation case , do not hesitate to contact an attorney and to do so sooner than later.
Unlike my last post, that discussed an individual striking against an object, another all-too-common cause of workplace accidents are when one is struck by a falling, flying or moving object.
A construction site might be the first type of workplace that comes to mind as construction workers—spending much of their days under and around machinery and equipment—do have an increased risk for this type of on-the-job injury. Buckets, flashlights, tools, debris, steel or lumber all can fall and cause serious harm. Head injuries are common, but so are foot, neck and shoulder injuries. Contractor mistakes, co-worker carelessness, bad weather, poor safety training or a jobsite hazard are just some of the potential causes that can lead to this type of workplace accident .
However, being struck by an object is not limited to only those men and women working in the construction trades. It can happen in an office setting, a retail environment or to those working in healthcare. No matter the workplace, the higher an object is when it falls, the more momentum it will gain and the more potentially damaging the injury when one is struck. The accident could result in the employee needing surgery and a long rehabilitation period with much missed work.
In this type of accident, as with all on-the-job injuries, it is in your best interest that you not try and understand North Carolina’s workers’ comp law and your rights alone but seek an experienced workers’ compensation attorney who can help you secure a compensable workers’ comp claim.
When you’re injured on the job and your body or a body part does the striking that causes an injury that is considered a “strike against” type of accident and it is the fifth most common type of workplace accident .
When one has lost their balance this could occur. There may be an obstacle in the way of one’s path. Whatever the cause there results an unintentional strike of one’s body against an object, with enough force to potentially result in a painful collision.
An example of a “strike against” accident would be a worker turning around, taking a step, and hitting a platform, shelf, wall, machine, or another person located behind him/her. Other examples would be walking into a door or striking one’s shoulder against a wall while turning a corner.
However this type of accident occurred, it’s important to seek legal guidance from a worker’s compensation attorney quickly, especially before you talk to the insurance company. When the insurance company takes a recorded statement you may unintentionally say something that could negatively impact your worker’s comp claim. An experienced lawyer will help you understand your rights.
A State Department of Transportation Dump Truck, pulling a large trailer carrying a steam roller, lost control on a mountain road, crossed the center-line and struck Kelly Crabtree’s van head-on...
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"Thank you John, and all the staff at The Law Offices of John M. McCabe, P.A., for all your help over the years since my accident and for your friendship! I am truly grateful!"
At The Law Offices of John M. McCabe, P.A., we have extensive experience in representing injured workers. We will work hard to protect you from the insurance company's tricks and traps.
