May 9, 2013
The North Carolina Court of Appeals made a groundbreaking decision recently when they ruled that an employee is entitled to North Carolina Workers’ Compensation Benefits if a work-related accident aggravates a preexisting condition.
The case stems from an accident a worker had while employed in the meat department of a grocery store. The employee was carrying a tray of chicken when she became caught on a shelf and suffered a slip and fall accident.
An article from Risk & Insurance stated the fall resulted in an injury to her right leg that was later diagnosed as a bruise to the bone and a torn meniscus in the knee. The victim applied for workers’ compensation benefits, but the claim was denied after the company argued her injuries were the result of a fall she suffered in her backyard the prior week.
The decision was appealed and the court found in favor of the victim, citing that a doctor’s testimony explained if the injury was pre-existing, the fall the woman suffered at work deteriorated her condition further. Since the injury was complicated by the fall at work and the company had no evidence to the contrary, the court found in favor of the victim and awarded her benefits.
The North Carolina Personal Injury Lawyers with HensonFuerst are aware of how complicated the law surrounding workers’ compensation benefits can be. The firm may be able to help if you have been hurt on-the-job at no fault of your own.