Common Conditions of Workers’ Compensation in Wilmington
If you were injured in a workplace accident, figuring out what to do next can be challenging. You might be wondering whether you can recover financially for your injury. If you can recover, how do you go about doing so?
In North Carolina, victims of workplace injuries are compensated through the state’s workers’ compensation system. This ensures that employees who are injured in the workplace have speedy access to financial compensation for their injuries.
Of course, not all injuries are compensable through workers’ compensation. There are certain common conditions of workers’ compensation in Wilmington that are important to be aware of. A knowledgeable attorney could help you learn these factors and decide what to do next as you begin your recovery process.
Requirements of a Successful Workers’ Compensation Claim in Wilmington
Under the North Carolina Workers’ Compensation Act of 1929, employees injured in the workplace must satisfy three requirements to receive financial compensation from their employer. First, the employee must have suffered an injury by accident. Second, the employee’s injury must have arisen out of the employment. Finally, the employee’s injury must have been sustained in the course of the employment.
Making sense of these broadly stated requirements can be challenging without a working knowledge of the North Carolina legal system. These common conditions of workers’ compensation in Wilmington will be discussed in more depth below.
Commonly used words like “accident” can take on different meanings in a legal context. Under the North Carolina Workers’ Compensation Act the word accident refers to a definite event, which can be tied to a specific time and place. This leaves out injuries that develop gradually over time. The Act further refines the word accident to mean only events that occur when the normal work routine has been interrupted by an unusual condition. This means that an unexpected event — not one that often occurs throughout a workday — must have been the cause of the injury.
Taken together then, the accident requirement means that your injury must be traceable to a specific event that was not a routine part of your work.
Arose Out of Employment Requirement
This requirement looks at the manner in which the workplace injury occurred. In order for an injury to be recoverable under workers’ compensation, the injury must be the result of a natural and probable consequence of the employment. In other words, this element creates a causation requirement in the sense that the injury must have been caused by the nature of the work being engaged in.
Course of Employment
Finally, this last requirement looks at the time, place, and circumstances under which the injury occurred. In short, the element requires that the injury must have occurred when the employee was doing work — indirectly or directly — that the employer hired him to do.
This element relates to the arose out of employment requirement in that North Carolinian courts have allowed a strong course of employment evidence to outweigh weak or lacking arose out of employment requirement.
In other words, if someone strongly satisfies one of these last two requirements, their satisfaction with the other may not necessarily need to be so strong.
Learn More About Common Conditions of Workers’ Compensation in Wilmington
If you think your workplace injury satisfies the accident, arose out of employment, and course of employment requirements, you may be able to recover financially through workers’ compensation. One of the best ways to get started on the financial recovery process is to engage the help of a qualified lawyer.
Your lawyer can help you identify whether you satisfy these common conditions of workers’ compensation claims in Wilmington. Contact today to get started.