Ensuring Your Right to Workers’ Compensation

Nearly all employees in the state of North Carolina are eligible to receive workers’ compensation benefits for illnesses or injuries that are work-related. To receive compensation,  the injury must fall under one of the four types of injuries covered by workers compensation. You must also be able to demonstrate that a condition arose due to your employment and occurred over the course of employment. In general, this means a person who at the time was an employee and engaged in an activity that benefitted their employer and posed risks related to their condition.

 Our knowledgeable and experienced Huntersville workers compensation lawyers at Harman Law assist injured workers with making the case that they are eligible to receive different types of workers’ compensation benefits. If your claim has been denied by your employer, we can help you with your appeal, to pursue the entire range of benefits that you deserve.

North Carolina Workers’ Compensation Illness And Injury Claims

In general, there are four different types of conditions that workers’ compensation claims refer to. They are the following:

Accidental Injury

These are physical injuries that are the result of an event, like getting hit by an object, moment of overexertion, a slip and fall or another kind of accident.

Repetitive Stress Injury

These are physical injuries that result from needing to repeat the same movement repeatedly while performing your job. Some examples include hearing loss, pinched nerves, and carpal tunnel syndrome.

Mental Stress Injury

These are debilitating psychological conditions arising from employment. Some examples include depression, panic attacks, and post-traumatic stress disorder.

Occupational Illness

These are sicknesses that are a result of being exposed to an industrial environment. Some examples of occupational illness include acid reflux disease, mesothelioma, asthma.

In order to be eligible to receive benefits, a worker needs to prove that their work activities caused their condition to occur or aggravate a condition that previously existed.

Mental stress injuries are particularly challenging since the worker is required to prove that their stress is a result of the work environment as opposed to other circumstances in her or his life. That can require a high level of transparency regarding very private parts of a worker’s life. Often it is a lot easier to obtain benefits for mental injuries when they relate to physical injuries that were sustained at work. Whenever mental stress is claimed as an injury by a worker, it might be necessary to prove “outrageous and extreme” behavior by the employer is what caused their harm. This conduct may include verbal abuse, threats, and sexual harassment, which can be grounds for a lawsuit as well.

Contact Harman Law for Your NC Workers’ Compensation Claim

If you have sustained an occupational disease or illness, or a physical injury on the job, Harmon Law are here to help you.

Our experienced and skilled legal team can help you obtain the benefits that you deserve under North Carolina state law. For your free consultation, contact us online or give us a call at (704) 286-0947.

FAQs

What types of injuries are covered under workers’ compensation in North Carolina?
North Carolina workers’ compensation covers four types of conditions: accidental injuries, repetitive stress injuries, mental stress injuries, and occupational illnesses. Each category encompasses a range of conditions, from slip-and-fall accidents to work-related diseases like mesothelioma or asthma.
Do I qualify for workers’ compensation benefits in North Carolina if I develop a repetitive stress injury like carpal tunnel syndrome?
Yes, repetitive stress injuries are recognized under North Carolina workers’ compensation law and can include conditions such as carpal tunnel syndrome, pinched nerves, and hearing loss. You will need to demonstrate that the repeated movements required by your job caused or aggravated the condition.
Can I file a workers’ compensation claim in North Carolina for a psychological condition like depression or PTSD?
Mental stress injuries are covered under North Carolina workers’ compensation, but they are among the most difficult claims to prove. You may be required to demonstrate that the stress directly resulted from your work environment rather than personal circumstances, and in some cases you must show that your employer engaged in extreme or outrageous conduct.
What should I do if my North Carolina workers’ compensation claim has been denied by my employer?
If your employer has denied your workers’ compensation claim, you have the right to appeal the decision under North Carolina law. An experienced workers’ compensation attorney can help you gather the necessary evidence and navigate the appeals process to pursue the full benefits you are entitled to receive.
How do I prove that my illness or injury is work-related for a North Carolina workers’ compensation claim?
To qualify for benefits in North Carolina, you must show that your work activities either caused your condition or aggravated a pre-existing one, and that the condition occurred while you were engaged in activity that benefited your employer. Medical documentation, workplace records, and witness statements can all be critical in establishing the connection between your condition and your employment.