Workers Compensation Back Injury Claims
Many workers endure injured backs they suffered at work for a lifetime. Workers often injure their lower backs when engaged in heavy lifting or in a fall. We see lots of back injuries with our clients that work in warehouses, in manufacturing, nursing, and construction. Typically, injuries to your back are covered under The North Carolina Workers’ Compensation Act. However, you must prove that your back injury happened due to an “injury by accident” or a “specific traumatic incident.”
Proving Your Back or Injury Happened at Work
In general, to make a claim under workers’ compensation, you have to show that you have suffered an “injury by accident.” Section 97-2.6 of the Workers Compensation Act sets out the definition for an “injury.”
“Injury and personal injury shall mean only injury by accident arising out of and in the course of the employment, and shall not include a disease in any form, except where it results naturally and unavoidably from the accident.”
Back Injuries - An Exception to the Rule
“With respect to back injuries, however, where injury to the back arises out of and in the course of the employment and is the direct result of a specific traumatic incident of the work assigned, “injury by accident” shall be construed to include any disabling physical injury to the back arising out of and causally related to such incident.”
Therefore, the legal standard for proving that you hurt your back at work is more worker-friendly than the legal standard for proving most other injuries. Back injuries are “compensable” (or covered) if you hurt your back in an “injury by accident” situation, or if it happens in a “specific traumatic incident of the work assigned” situation.
Permanently Disability for Your Back Injury
Many serious back injuries do not fully heal. If your back injury has left you with permanent limitations, you may be entitled to Permanent Total Disability (PTD) benefits from the workers’ comp. insurance company. At the law firm of Hemmings & Stevens, PLLC, we have represented many workers with back injuries and we will pursue all of the benefits you and your family deserves.
If you have suffered a back injury due to repetitive lifting, a fall, or a workplace accident, we can help you understand your rights, answer your questions and explain your legal options. Contact the law firm of Hemmings & Stevens, PLLC for a free consultation.
This article regarding back injuries in North Carolina workers’ compensation claims is for informational purposes only and is not legal or medical advice. You may need to seek the advice of a workers’ compensation lawyer at the law firm of Hemmings & Stevens, PLLC if you have been injured at work and need to file a workers’ compensation claim due to a back injury.