Determining the Validity of a Wilmington Workers’ Compensation Claim
Figuring out what to do after suffering a workplace injury can be daunting. You likely will have to miss time from work, will have medical bills to pay, and will still have to focus on getting over your injury. You will likely want to recover financially from your employer so that a personal injury doesn’t turn into a financial disaster.
If you are wondering whether you have a valid case claim, reach out to a qualified workers’ compensation attorney. A dedicated lawyer has experience determining the validity of a Wilmington workers’ compensation claim, and they could give you advice during every step of the process.
Workers’ Compensation Laws
The North Carolina Workers’ Compensation Act governs most forms of workplace injury compensation in Wilmington. The Act, passed in 1929, was designed to give employees a faster and more certain option for financial recovery stemming from a workplace injury. In exchange for this benefit, employees gave up many of the traditional legal options available in personal injury cases.
Under the Act, employers have limited liability for workplace injuries as opposed to complete liability under the previous common law system. This means that employees can no longer recover for pain and suffering caused by a workplace incident.
Workers’ Compensation Recovery Requirements
There are three primary requirements for crafting a successful workers’ compensation case. First, an employee must show that he suffered his injury by accident. Second, the employee must show that the injury arose out of his employment. Finally, the employee must show that the injury was sustained in the course of the employment.
The first element, that the injury must have been caused by an accident, means that the incident must have arisen from an unusual event. In other words, injuries that occur on the job in the normal swing of a work routine are not compensable. Instead, the injury must have been caused by some event that interrupted the typical work conditions.
The next element, that the injury must have arisen out of employment, looks at the origin or cause of the accident. This element is often referred to as the causation element. This is true because it requires that the injury must have arisen out of the natural and probable consequences of the employment and the risks of engaging in that employment. In other words, the injury must have a causal connection to the type of work being done.
Finally, determining the validity of a Wilmington workers’ compensation claim requires an examination of whether the injury occurred in the course of the employment. This element looks at the time, place, and circumstances under which the accident occurred. This means that the injury must have occurred while the employee was engaged in an activity that their employer hired them to complete. Courts have said that when the act that caused the injury was intended to benefit the employer’s business, it occurred within the course of employment.
A Lawyer Could Help Determine the Validity of Your Workers’ Compensation Claim
A knowledgeable workers’ compensation lawyer has years of experience determining the validity of a Wilmington workers’ compensation claim. Working with an attorney may be worthwhile because it could lead to a faster and more complete financial recovery. If you could use the counsel of an experienced attorney, contact a Wilmington workers’ compensation lawyer today.