Legal Question in Workers Comp in North Carolina

Re: Mental Health

In North Carolina, it depends on the facts of the case.

If you suffer a compensable physical injury at work, and the injury causes depression, anxiety, etc., then it can be covered under the workers' compensation claim.

If you suffer a traumatic experience that qualifies as a injury by accident, resulting in PTSD type symptoms, then this too can be covered under workers' compensation.

If you are stressed out on your job, maybe dealing with an unkind boss or supervisor, then it will likely not be found compensable due to the Woody decision issued several years ago.

If you have any plans to pursue a claim, you need to file a Form 18 ASAP with the NC Industrial Commission. Time limitations apply. A link to their website can be found at ncworkcomp.com. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

Re: Mental Health

Thank you for your question.

Generally, there must be a traumatic event, or an occupational disease, for the condition to be compensable under the Workers' Compensation laws. For further information please see: http://www.lewisdaggett.com/FreePublications/GuidetoWorkersCompensation/tabid/127/Default.aspx

Please remember that it is very difficult to give full advice on limited information, and by e-mail. As is the case many times under the law, there is not necessarily a clear answer. Cases like this cases be very fact specific and further information may be helpful.

Thank you again, and please feel free to contact us if we can provide further information.

Best Wishes,

David D. Daggett

(I apologize in advance for poor typing skills)

Winston-Salem Office

[email protected] -

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