Legal Question in Workers Comp in North Carolina
Workman's Comp Case Denied
My wife is a nurse at the local hospital here in NC and recently, while lifting an overweight patient, injured her wrist. The patient was sudated so there were no unusual movements on behalf of the patient. My wife reported the incident and has went to the physician who states she has scapholunate tear of the wrist which will most likely require surgery, time away from work, and a significant amount of money from us. The workman's comp case worker stated since the patient did not make any unusual movements, the injury was a normal part of my wife's job, therefore the claim was denied. In other words, we are stuck with the bill and the lost wages if my wife is displaced from work during recovery. Is this correct or do we have a leg to stand on? They told her the only exception was back injuries which were normally covered. If they were looking for something out of the ordinary, I would say the patient was overweight, approximately 300 lbs.
1 Answer from Attorneys
Re: Workman's Comp Case Denied
Unfortunately, they MAY have a valid denial in this case. These types of cases are very fact specific. They are looking for an interruption of the normal work routine, such that it can be called an accident. The most common examples are slip, trip or fall. Try to distinguish this particular event from her everyday routine as much as possible ... different floor, bed height, new gurney, new job duties, etc.
You need to file a Form 18 with the NC Industrial Commission within 2 years of the date of injury. The form, as well as a Bulletin (info packet) and Form 33 (Request for Hearing form), can be downloaded from the IC website. It can be linked from ncworkcomp.com. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
