What is a Workers’ Compensation Claim in Wilmington?
Injuries that occur in the workplace are frustratingly common in the United States. According to the US Bureau of Labor Statistics, there were around 2.9 million workplace injuries and illnesses reported in 2016 alone.
Put another way, this means for every 100 full-time workers in the US, 2.9 were injured or fell ill due to a workplace incident. This means if you’ve been involved in a workplace injury, you are certainly not alone.
One of the most important parts of getting over a workplace incident is receiving fair compensation from your employer. This ensures that you are able to focus on healing as opposed to spending your time worrying about missing time from work or wondering how you will pay your medical bills. It is important to note, however, that a different set of rules governs workplace injuries as compared to the traditional civil court recovery process.
The way that workers are compensated in North Carolina for their workplace injuries is called workers’ compensation. This all begs the question — what is a workers’ compensation claim in Wilmington?
North Carolina Workers’ Compensation Act
In 1929, the North Carolina legislature passed its Workers’ Compensation Act. The Act was passed due to the complexity and repercussions an employee faced when seeking compensation from his employer in a workplace injury or illness. Under the Act, employees give up traditional civil court remedies such as negligence. In exchange, they receive quick and guaranteed remedies for their claims under the liability theory of workers’ compensation.
What is a Successful Workers’ Compensation Claim in Wilmington?
To successfully recover for a workplace incident, an employee must prove three things. First, that they suffered an injury by accident. This means that the injury must not have been intentional or caused by something other than an honest accident.
Second, a worker seeking to recover through workers’ compensation must prove that their injury arose out of employment. This means that the incident must have originated or been caused by the employment. Notably, the Supreme Court of North Carolina has ruled that workers injured through “horseplay” or goofing off with another employee is not a bar to recovery. That means that so long as the three elements of a workers’ compensation claim are met, an employee injured while goofing off on the job can still recover financially for their injury.
Finally, a worker must prove that the injury was sustained in the course of employment. To decide this element, courts look at the time, place, and circumstances under which the injury occurred. These must all be closely related to the worker’s job in order for recovery to be possible.
Ask An Attorney What a Workers’ Compensation Claim in Wilmington is
If you are one of the millions of Americans who have been injured in a workplace incident, you may benefit from the counsel of an experienced attorney. Working with a lawyer could help you focus on getting well as opposed to worrying about the financial aspect of an injury.
If you are wondering what is a workers’ compensation claim in Wilmington, reach out to an experienced attorney today. The advice you will get may help you move on from your injury faster than you would expect.