The Four Types of Workers’ Compensation Claims in North Carolina
Reputable law firm helps workers obtain the benefits they deserve
Virtually all employees in North Carolina are eligible for workers’ compensation benefits for a work-related injury or illness. The key is to demonstrate that a condition occurred in the course of employment and arose out of employment. That generally means that someone who was an employee at the time was engaged in activity that conferred a benefit on the employer and presented risks related to the condition. At Marcari, Russotto, Spencer & Balaban, our knowledgeable attorneys help injured workers make the case that they qualify for workers’ comp benefits. If your company has denied your claim, we can assist on your appeal, pursuing the full range of benefits you deserve.
Workers’ comp injury and illness claims in North Carolina
Generally, workers’ compensation claims refer to four types of conditions. These are:
- Accidental injury — A physical injury that results from an event, such as a slip and fall, a moment of overexertion, being struck by an object or other type of accident.
- Repetitive stress injury — A physical injury that results from having to repeat the same movements over and over again during the performance of your job. Examples include carpal tunnel syndrome, pinched nerves, and hearing loss.
- Occupational illness — A sickness that results from exposure to toxins in an industrial environment. Examples include asthma, mesothelioma, and acid reflux disease.
- Mental stress injury — A debilitating psychological condition that arises out of employment. Examples include post-traumatic stress disorder, panic attacks, and depression.
To be eligible for benefits, a worker must be able to prove that work activity caused the condition to happen or aggravated a previously existing condition.
Mental stress injuries pose a particular challenge, because the worker must be able to prove the stress comes from the work environment rather than from other circumstances in his or her life. This can require unusual transparency about very private aspects of the worker’s life. It is often much easier to get benefits for a mental injury when it is related to a physical injury suffered at work. When a worker claims mental stress as an injury, it may be necessary to prove that “extreme and outrageous” behavior on the part of the employer caused the harm. Such conduct could include sexual harassment, threats, and verbal abuse, which might also be grounds for a lawsuit.
Contact our knowledgeable attorneys for your North Carolina workers’ compensation claim
If you have sustained a physical injury at work, an occupational illness or disease on the job, Marcari, Russotto, Spencer & Balaban is ready to help. Our experienced legal team can help you get the benefits you deserve under North Carolina law. Call us at (888) 351-1038 or contact us online for a free consultation.