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Back injuries and Hernias
There are two exceptions to the "by accident" requirements of the law. These are: 1) back injuries and (2) hernias. If either of these injuries are caused by a "specific traumatic incident" of the work assigned they are compensable in the absence of an accident preceding the injury.
Certain diseases termed "occupational diseases" are compensable under the North Carolina Workers' Compensation Act. An occupational disease is any disease which is proven to be a result of causes and conditions which are characteristic of a particular occupation or employment, and the exposure is greater than that of the general public outside of the employment. Diseases of this nature are generally caused by a series of events of similar nature, occurring regularly or at frequent intervals over a period of time in the employment. Only those occupational diseases specifically designated in the North Carolina Workers' Compensation Act are compensable. All ordinary diseases of life to which the general public is equally exposed are excluded.
Responsibility for claiming compensation is on the injured employee. You must immediately give notice of the accident to the employer or as soon as possible after the accident occurs; generally within 30 days, or the employer may refuse compensation. With reference to occupational diseases, an employee must give notice to the employer when the employee is first informed by a competent medical authority of the nature and work-related cause of the illness. A claim must be filed with the North Carolina Industrial Commission (NCIC) by either the employee or the employer within two years from the date or knowledge thereof; otherwise the claim is barred by law.
The Law Office of Ewing Carter III, P.A. will represent your interests diligently under the law. We will assist and counsel you through all the steps such as filing the proper paperwork, getting proper medical treatment, and proceeding through mediation and Hearings before the Industrial Commission, if necessary.
Attorney Ewing Carter III can advise you about your rights and advocate for what you are entitled to under the North Carolina workers' compensation laws. As defined under the North Carolina
Workers' Compensation Act, an injury is covered under workers' compensation if it was caused by an accident or incident which arose out of and in the course of your employment. An accident is defined under the law as a separate event preceding and causing the injury.
Unless there is an accident, an injury received while performing the regular duties in the usual and customary manner is not compensable.
Contact Ewing Carter III, P.A., Attorney at Law today for a free consultation.
Ewing Carter III, P.A.
1004 N. Main St. Suite 102
High Point, NC 2726
Office: (336) 883-2247
Fax: (336) 883-2696
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