You’ve been injured at work and you want to know: Is my injury covered under workers’ comp?

How the accident is described on the claim form may determine whether the claim is covered.

You were injured at work.  Your Employer is responsible, right?  Your injury should be covered under workers’ comp.  Well, maybe.  The answer depends on exactly how you were injured.

Injury by accident

North Carolina law defines what type of injuries are covered under the worker’s compensation act.  “Injury shall mean only injury by accident arising out of and in the course of employment.”  What does that mean?  It means for an injury to be covered under workers’ comp, the injury must have happened by accident.  So you not only have to have an injury, but you must have an “accident.”*

What’s an accident?  Just what you may have thought: an event that was not planned, unexpected, and unusual.  An accident can be a fall, motor vehicle accident, a sudden twist, or any deviation from the normal work routine.

It is absolutely critical that someone hurt at work understand the importance of describing an accident to their supervisor or director.  When I was a claims adjuster, claims were denied if the individual just described an injury and not an accident.  For example, I recall taking a recorded statement from an injury that had a pretty bad knee injury.  They had already been to the Emergency Room and there was no question that their knee was hurt.  In the recorded statement,  they told me that they injured their knee when they were walking down the stairs.  They didn’t describe turning, twisting, missing a step, or that their use of the stairs was any different that the other times that they used the stairs.  The person was injured but that’s not an accident and the claim was not covered under workers’ comp.

As a workers’ comp attorney, I make sure my clients understand the difference between an injury, and an injury by accident.

If you’ve been injured at work, but not sure if it was an accident, or would like more information on whether your injury is covered by workers’ comp., please contact my office to discuss.

*For more information, see my practice area page on workers’ comp.

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BRIAN ELSTON LAW

Brian Elston Law is a personal injury law office in Asheville, NC, dedicated to fighting for people who need it most. Our practice areas include personal injury, workers compensation, wrongful death, employment law, civil litigation and more.

At Brian Elston Law our success comes from our willingness to serve individuals and families all across North Carolina with our high-quality personal injury and workers' compensation advocacy. We know how difficult it is to suffer a personal injury and / or workplace injury and how hard this must be for you and your family. Our team of attorney’s are here to help you make the process as easy and stress free as possible. To learn more about what our firm can do for you, just give us a call or a text. If you would like to learn more about how our firm can assist with your case, we encourage you to contact us immediately. We are proud to offer 100% free, confidential consultations.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative of cases handled by Brian Elston Law. These listings are not a guarantee or prediction of the outcome of any other claims.