Use of a Walker Leads to Workers' Compensation Benefits
Attorney
(866) 735-1102 Ext 645
Tags:
None
The North Carolina Court of Appeals has recently upheld a decision of the North Carolina Industrial Commission awarding workers' compensation benefits to a worker who was in need of a walker to get around.
In this case, the injured worker was able to return to work but for the fact that the employer would not allow anyone to come to work with a walker.
The Court of Appeals ruled that the injured worker proved that, because of her compensable injury, she was unable to work.
This rather unusual case illustrates that sometimes factors other than health issues or physical limitations determine whether a worker receives workers' compensation benefits.
The employer, because of safety issues, would not allow the worker to use a walker at work. Although she could have done the job with her walker, the employer refused to let her work with the walker.
Because it was the employer's decision not to allow the worker to return to work with a walker, the worker received full workers' compensation benefits.
Under North Carolina law, if an injured worker refuses employment procured for him suitable to his capacity, he will not be entitled to any compensation at anytime during his refusal to return to work. This law was to prohibit the possibility that an injured employee would refuse to work when in fact he was able to work and earn wages.
In this case, if the worker herself had refused to work because she needed a walker her workers' compensation benefits would have been terminated. However, because it was her employer who decided that she should not have a walker at the job place, those benefits will continue while the worker is out of work. These benefits will continue until the employer finds the worker suitable employment.
For more information on this subject matter, please refer to the section on Workers Compensation.