Back Injuries Compensable Without Accident
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A worker who injured his or her back while working may recover workers’ compensation benefits for this back injury even if the injury did not result from an accident. Ordinarily, in order to recover workers’ compensation the worker must have been injured in an “accident” such as a fall. However, with respect to back injuries, North Carolina law provides that a worker may recover for such injury if it is a result of a “specific traumatic incident”. An example of a specific traumatic incident would occur for example if a worker were lifting heavy boxes and felt a sudden “catch” or pain in his back. This incident would not technologically be considered an “accident”. Nevertheless, with respect to back injuries, such an event could result in the worker receiving workers’ compensation benefits.
With respect to all other body parts however, such as injuries to the hand, foot, leg, or shoulder, the injury must have been caused by an “accident”.
North Carolina laws defines “accident” as: The interruption of the work routine and the introduction thereby of unusual conditions.
There are other injuries or illnesses for which a worker can recover workers’ compensation benefits even in the absence of an accident. For instance, if a worker suffers an occupational disease as a direct result of the work environment, workers’ compensation benefits could be recovered. An example of occupational disease would be brown lung disease caused by exposure to cotton dust and asbestosis caused by exposure to asbestos. One very common occupational disease is carpal tunnel syndrome which is frequently caused by repetitive motions involved with the use of computer keyboards.
If you suffer an illness or other condition which you feel may have been caused or contributed to by your work environment, you should contact a lawyer to determine whether you have a claim.