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Workplace injuries are never planned, and they can happen even when you are doing your best to stay safe. But what happens if you cause the injury yourself? Is workers' compensation available to you in North Carolina if the injury was your fault? The short answer is, sometimes. In this blog post, we will break down what you need to know about workers' comp claims in North Carolina, especially if you were the one responsible for the accident. Understanding your rights and the laws surrounding workers' compensation can save you time, money, and a lot of stress during a challenging period. Understanding North Carolina Workers' Compensation Laws Workers' compensation in North Carolina is designed to provide benefits to employees who are injured on the job. These benefits typically include medical expenses, lost wages, and rehabilitation costs. Importantly, workers’ comp is a no-fault system, meaning that it’s generally available regardless of who caused the injury. However, there are some exceptions, and it’s essential to know how these rules apply if you were responsible for your own accident. No-Fault Workers’ Compensation North Carolina’s workers’ compensation laws, governed by Chapter 97 of the North Carolina General Statutes, establish a no-fault system. This means that, in most cases, you don’t have to prove that your employer was negligent in order to receive benefits. Whether the injury occurred due to your own fault, a co-worker’s mistake, or the employer’s actions, you are typically still eligible for compensation. What Happens If You Are At Fault for Your Injury? If you caused your injury, whether through a mistake or due to your own actions, you’re still eligible for workers' compensation benefits as long as you weren’t engaging in behavior that violates company policy or state laws. For example, if you were intoxicated at the time of the injury, you might be denied workers' compensation benefits. But, if the injury occurred while performing normal work duties, even if your actions contributed to the injury, workers' compensation should still cover your expenses. Exceptions That Could Impact Your Workers' Comp Claim While North Carolina’s workers’ comp system is largely no-fault, there are certain exceptions that could impact your ability to collect benefits if you were responsible for the injury. These include: 1. Intoxication or Illegal Activity If you were under the influence of alcohol or drugs (including prescription drugs that impair your ability to work) and caused the injury, you may be denied workers' compensation. Workers' comp claims are generally denied if the employee is intoxicated or participating in illegal activities at the time of the injury. 2. Intentional Harm If you intentionally hurt yourself or engaged in reckless behavior that directly led to your injury, your claim could be denied. Workers' compensation benefits are not available for injuries that result from intentional self-harm or extreme disregard for safety. 3. Violation of Workplace Rules In cases where your injury results from breaking workplace safety rules, your employer may be able to contest your claim. For instance, if you ignored proper safety procedures or were performing a task you were not authorized to do, the claim might be challenged, even if the injury occurred at work. How to Protect Your Workers' Comp Case if You Think It’s Your Fault If you caused your injury but are still unsure if you're eligible for workers' comp, here are some steps to protect your claim: 1. Report the Injury Immediately Always report any workplace injury to your employer immediately. Delaying your report could result in complications in filing your claim. Be honest about what happened, as transparency can help your attorney defend your case if necessary. 2. Seek Medical Treatment Right Away Even if you think your injury is minor, always seek medical attention right away. This not only ensures that your injuries are properly documented, but it also strengthens your case by providing proof that the injury occurred at work. 3. Consult with a Wilmington Workers Compensation Attorney A Wilmington workers compensation attorney can help navigate the complexities of your case and ensure you get the compensation you deserve, even if the injury was your fault. A skilled attorney can help you understand whether any exceptions apply to your situation and advise you on the best course of action. Common Questions About Workers' Comp and Fault 1. Can I get workers’ comp if I was partially at fault for my injury? Yes. North Carolina workers’ compensation is a no-fault system, so even if you were partially at fault for your injury, you can still receive benefits unless there are mitigating factors like intoxication or intentional harm. 2. What if I was drinking at work when the injury happened? If you were drinking at work or were intoxicated, workers' compensation benefits may be denied. North Carolina law generally excludes coverage for injuries that happen while the employee is under the influence of alcohol or drugs. 3. Do I need to hire a workers’ comp attorney if I was at fault? While it’s not always necessary, hiring a Wilmington workers compensation attorney can help ensure that you receive the maximum benefits available. If your case involves any potential exceptions (like intoxication or rule violations), having legal representation can make all the difference in ensuring a favorable outcome. Take the First Step in Protecting Your Rights Suffering an injury at work can be overwhelming, especially if you think the injury might have been your fault. However, in most cases, North Carolina’s workers comp system will cover your medical bills and lost wages, regardless of fault. If you are unsure about your eligibility, it's essential to speak with a Wilmington workers compensation attorney who can help guide you through the process and protect your rights. Don’t let uncertainty hold you back— contact David & Associates today for a free consultation and get the legal help you deserve.

If you have been injured in an auto accident, you need a personal injury lawyer who will fight for your rights and get you the compensation you deserve. David and Associates Attorneys at Law is the best personal injury law firm for you. We have over 30 years of experience representing clients who have been injured in auto accidents. We know the law and we know how to get results. We will work tirelessly to get you the maximum compensation for your medical bills, lost wages, pain and suffering, and other damages. We understand that going through an auto accident can be a very difficult and stressful time. We are here to help you through the process and make sure that you get the care and support you need. We will work with you every step of the way, from filing your claim to negotiating a settlement to going to trial if necessary. We are dedicated to providing our clients with the best possible representation. We are committed to getting you the compensation you deserve and helping you get your life back on track. Why Choose David and Associates Attorneys at Law? There are many reasons why you should choose David and Associates Attorneys at Law for your personal injury case. Here are just a few: We have over 30 years of experience representing clients who have been injured in auto accidents. We know the law and we know how to get results. We will work tirelessly to get you the maximum compensation for your medical bills, lost wages, pain and suffering, and other damages. We understand that going through an auto accident can be a very difficult and stressful time. We are here to help you through the process and make sure that you get the care and support you need. We will work with you every step of the way, from filing your claim to negotiating a settlement to going to trial if necessary. We are dedicated to providing our clients with the best possible representation. We are committed to getting you the compensation you deserve and helping you get your life back on track. If you have been injured in an auto accident, contact David and Associates Attorneys at Law today. We will fight for your rights and get you the compensation you deserve. Call us right now – 910-251-8088

When you file a workers’ compensation claim, you go through insurance companies. Insurance companies focus on profits instead of people, especially when it requires them to pay out large amounts of money to settle your injury claim. Because insurance companies focus heavily on protecting profits, they often deny claims when they shouldn’t. Unfortunately, so many claimants look at claim denial and consider it the final word. Before you accept the denial, know that you can file an appeal to seek the outcome you deserve. Get a Lawyer to Help You Before you attempt another go at your claim, be sure to speak with a lawyer about your options. In many situations, a denial occurs because of minor errors within the paperwork. A lawyer can help you prepare your documentation correctly and accurately, using extensive evidence to help improve your case. If the insurance company attempts to use devious tactics against you to try and deny your claim, a lawyer can help combat them. Working with legal counsel helps safeguard your rights while putting together the necessary evidence to improve your chances of obtaining a more favorable result. Claim Denials Can Be Cause for Concern – Don’t Panic If you receive a denial from the insurance company, it’s easy to lose hope in your claim. Before you do, though, don’t panic. You can discuss the details of your case with a lawyer and learn the most effective ways to move forward favorably. You should also avoid accepting low settlements from insurance adjusters who are not looking out for your best interests. At David & Associates, Attorneys at Law, PLLC, we know you have needs after a workplace injury. You never want to go through any concerning issue alone. Our Wilmington workers’ compensation attorneys are here to help guide you through the entire process, helping you understand your rights and pursuing the compensation you deserve. Call our firm today at 910-251-8088 and get the representation you need!

Losing any amount of income can threaten your financial stability. After a workplace injury, you may not know where your income will come from, but you have options. While you may obtain workers’ compensation benefits, the situation becomes a bit more complicated when you recover from your injury and can return to work. In some cases, you can work again, but you may have restrictions. As a result, your employer may lower your wage based on your new position. This difference is often a cause of concern for many workers, but it’s crucial to recognize your options. Call our firm at 910-251-8088 today. Partial Disability Benefits In North Carolina, workers have the legal right to pursue partial disability benefits through workers’ compensation. Benefits can cover partial disability benefits permanently or temporarily, depending on your injury’s severity. Here’s how partial disability benefits work: Temporary partial disability (TPD): An injured worker may recover temporary partial disability benefits if they can return to work at a reduced wage. Partial benefits only last a specific number of weeks. The claimant may recover two-thirds of the difference between their previous wage and their new income. Permanent partial disability (PPD): An injured worker may recover permanent partial disability benefits if they reach Maximum Medical Improvement and still cannot return to their previous position at a full wage. Each body part is assigned a scheduled rating that determines how much a person may recover and how many weeks they may receive benefits. Working with a Wilmington Workers’ Comp Lawyer At David & Associates, Attorneys at Law, PLLC, we’re well aware that workplace injuries are often devastating. They cause emotional, physical, and financial impairments for which you can never prepare. Our Wilmington workers’ compensation attorneys are ready to stand by your side. We’ll work to help you understand your rights, file a claim on your behalf, and pursue the benefits you deserve. Trust that we know how to handle these cases, and we’ll work hard when you need us most. For a free consultation, call our firm today at 910-251-8088.

Construction workers in North Carolina perform job duties that involve a range of different types of physical hazards. The risk of injury in the construction industry is higher than in other industries due to the physical nature of the work and the materials that are involved. Here are some of the most common workplace injuries that impact construction workers every day: No. 1: Back injuries Heavy lifting and repetitive motion can be a deadly combination for the spine. Back injuries are common on construction sites because workers are often required to carry heavy objects repeatedly. Falling from heights can also lead to serious back injuries. No. 2: Head injuries There’s a good reason everyone on a construction site is supposed to wear a hard hat. While workers are using equipment at heights, there is a risk of serious injury from falling objects. Even when headgear is worn, a heavy object falling from an extreme height could cause a concussion. No. 3: Respiratory disease There are still plenty of old buildings that contain asbestos, and construction workers can be exposed to it while it is being removed. Construction workers may also be exposed to other particles that can cause lung disease when they are inhaled. No. 4: Hearing loss Repeated exposure to extremely loud power tools and construction machinery can cause hearing loss. This construction-related injury happens slowly and gradually after many years of exposure. No. 5: Muscle strains Muscle strains are very common in the construction industry, and they are often caused by repetitive motion and poor lifting techniques. While not all muscle strains are severe, they all require rest in order to heal. What to do if you have been injured on a construction site Construction work is a physical job, so workplace accidents can place a financial burden on the injured worker and their family. If you were injured at a construction site, you may be eligible to receive financial compensation for your downtime through workers’ compensation insurance. A lawyer may be able to look at your case and help you to pursue the maximum compensation.

Machine and metal workers in North Carolina know that their work environments present a considerable amount of risk to them daily. This potential danger makes it necessary for these workers to remain alert and aware while in the workplace. A properly designed workplace and employees who understand safety protocol will do a lot to prevent the need for workers’ comp claims. However, some accidents that are common to the machine and metal shop environments will still happen from time to time. Many injuries that happen in these work environments are the result of workers who use repetitive motions to lift and handle materials. These injuries usually consist of muscle strains and other minor injuries. Though painful, these strains do not often present a long-term health threat to the worker. Machine and metal shop workers also face the risk of hurting themselves while working with hand tools. Workers should use tools only for the job they were designed to do, make sure the tools with which they work are properly maintained and adhere to all safety regulations regarding a particular hand tool. Strains are also common injuries sustained through the use of hand tools, but more serious injuries are possible. Metal and machine shop workers face a threat from chemical hazards while in the workplace. Working with these substances is less dangerous when workers use the safety gear made available to them. It is also important for workers to ensure they are in an area that provides them with sufficient ventilation before working with chemicals. Machine and metal shops should also use barriers to guard against workers coming into contact with dangerous machinery. These barriers can make a world of difference regarding the safety of the worksite and can protect workers from serious injuries. In addition to physical barriers, heavy machinery must receive proper maintenance to remain safe for workers to use. Workplace hazards can result in injuries that affect the health of workers and hamper their ability to earn a living. Individuals with questions after suffering an injury in the workplace may find the answers they need by consulting with a personal injury attorney.

Hotel staff members play an important role in Wilmington’s booming travel industry, but they face several risks as they go about their daily duties. It is up to each hotel to implement a safety plan that puts workers’ needs first. Relaying the protocol during training and again throughout the course of employment can help to ensure that everyone remains as safe as possible. One of the most grueling job duties in the hospitality industry is housekeeping. These individuals face some very real hazards that can become critical. Even though this is a competitive industry, there is never an excuse to put guest comfort before employee safety. Daily cleaning hazards Just the basic task of cleaning a hotel room can lead to serious issues. One hazard has to do with the products used to clean. Bathroom cleaner and similar cleaning agents can cause respiratory conditions and skin irritation. The material safety data sheets must be available for each chemical. This gives workers who have to use them the ability to minimize risks. During the cleaning of the rooms, workers might be exposed to bodily fluids and unknown substances. They should have gloves and other personal protective equipment. In fact, wearing gloves when changing out bedsheets and towels might be a good idea. Additional tasks Sometimes, housekeepers have to flip mattresses or move them around in a room. This can lead to muscle injuries if the lifting isn’t handled properly. Heavy cleaning, which might involve moving furniture, can lead to serious musculoskeletal injuries. These additional tasks might also lead to stress when the management doesn’t plan proper time for them to get done. Risk of violence and harassment These workers face the risk of violence from unhappy guests. They can also be subjected to harassment. These situations must be covered by hotel policies so all workers know that they don’t have to deal with these types of issues while they are working. It must be clear that they need to report the issues, and steps must be taken to address the problems when they creep up. Injured hotel workers have the same rights to workers’ compensation as people in other industries. This includes being covered to receive medical care to treat injuries. Workers who have to take time off work to heal may also be eligible for partial wage replacement while they are off.

People typically assume that working in an office setting is pretty safe. While it is true that these workers don’t have a lot of the same hazards as construction workers or others who have manual labor to handle, there are still some risks that office workers face that must be addressed. Even in an office, there is sometimes lifting that must be done. This might be picking up a case of paper or other office supplies. In order to do this safely, you have to ensure that the object isn’t too heavy to lift alone. If it is heavy or bulky, you should get someone else in the office to help you lift it. When you do have to pick something up, make sure that you use your legs and not your back. This helps to protect your back and could prevent considerable pain. If you are getting the item from the floor, be sure to squat down to pick it up. Trying to lift something by bending over puts all the weight on your back. You also need to watch for other hazards in the office. This includes trip hazards like cords on the floor or loose carpeting. Falls are a big source of injury for people who work in office spaces. When you fall, you run the risk of hitting your head or back on something, which would increase the chance that you suffer a serious injury. Even if you are as careful as possible, there is a chance that you will have an office accident that causes injuries. Remember, workers’ compensation is here to help you in those cases. You may receive medical benefits and partial wage replacement, as well as specific other benefits when you file your claim.

Manual labor takes a toll on the body. Workers in the construction industry, those who have a warehouse position, and individuals in similar positions are at risk of a back injury. Around 30% of construction workers suffer from an injury to the back or spine that requires them to miss work. To minimize the chance of construction workers and other laborers suffering from these injuries, employers and employees need at least a basic understanding of what can lead to them. Setting protocol to keep the risks minimal is imperative for all companies that have workers who might suffer injuries. Why are these workers at an increased risk of back injuries? Physical laborers are often responsible for heavy lifting. This sometimes involves having to twist, bend or reach when they have those objects in their arms. This can lead to a strain on the back. There is also the possibility of having to wear a heavy tool belt that puts pressure on the lower back. Many of these jobs require the worker to move in unnatural positions, such as a plumber who has to stoop down to reach lower pipes and overstretching the back to reach overhead pipes. Many of these motions are repetitive, which puts even more strain on the back. What can they do to reduce these risks? One of the most important ways that these workers can minimize the chance of suffering a back injury is to wear an appropriate brace. Workers should also stretch before starting work so that the back is ready to handle the day’s tasks. There should also be protocol in place that establishes limits for solo lifts. When items are heavy or bulky, the worker should get help from another worker or from an assistive lifting device. What happens when workers experience back pain? Some back pain might seem minor. However, repetitive motion injuries often start out this way. You have to be sure to report any back pain to your employer so you can get medical care. No worker should try to continue with a shift if they are experiencing back pain. It is especially important to get care if you fell or had another accident that contributed to the problem. Workers’ compensation coverage does apply to workers who suffer from a back injury. This enables them to get medical care and to receive partial wage replacement benefits if they are off work for a while, ensuring that you get the benefits you are entitled to receive. This can sometimes take appeals, so be prepared to fight for what you’re due.

The logging industry comes with several hazards for workers, but these can usually be minimized by the employers if they establish proper safety protocols. The rate of fatalities in this industry is 23 times higher than the rate for all workers in this country. The greatest hazards for them are falling objects and being caught in or between objects. These accounted for around 59% of all fatalities. In 90% of those cases, the falling object was a limb, log, tree or snag. These are also the factors that can lead to catastrophic injuries on the job site. The Occupational Safety and Health Administration (OSHA) has standards in place to help keep workers safe. The employers must ensure that they have everything in order for compliance. Some of the most recent changes to these standards include: Establishing felling procedures for various situations. Setting the standards for protective equipment. Requiring first aid training and other job training for employees. Outlining requirements for protective structures and rollovers. While employees must follow the proper procedures exactly, it is up to the employer to get them established and ensure compliance. One way to do this is to have inspections throughout the job site. This gives supervisors a chance to make changes to the day’s duties and methods based on any unsafe situations that are present. Workers who suffer injuries in this industry might have extensive medical care needs, which come at a considerable cost. Seeking compensation can help them receive the care they need. They may also access other benefits like partial wage replacement that can assist them during this time.

There are many hazards that construction workers face on a daily basis, including electrocution, which is one of the four most fatal types of accidents. People who work in the construction industry are approximately four times more likely to suffer an electrocution than those in other industries. While the percentage of workers who die from electrocutions is relatively low, there are still too many workers dying from this often-preventable cause. Employers must have a clear plan to help prevent electrocutions from occurring on job sites. Temporary power is a big problem Many construction sites don’t have permanent power. The use of temporary power comes with an increased risk of electrocution. Whether the job relies on temporary lines from the main power line or generators, anyone who is working at the site must know where these live sources of electricity are located and how to avoid them. All live sources should have marking to alert everyone of that status so nobody assumes they aren’t connected to a power source. When temporary lines are necessary, they must be secured in a way that won’t allow them to come into contact with water. This might be a challenge on some job sites, but the contractor must find a suitable method to make this happen. Another way to improve safety is to de-energize any unused electrical circuits so they aren’t the cause of an electrocution. Improper lockout/tagout is unacceptable Failing to use appropriate lockout/tagout procedures is another issue that can lead to electrocution. When any equipment isn’t functioning properly or requires maintenance, remove the power source from the item. Take the proper steps to verify that there isn’t any power to it. Once you verify this, use a tagout or lockout device to ensure that nobody will accidentally reconnect to it. After the maintenance or repair is complete, take the proper steps to reconnect the equipment and get it back online. Multiple contractors increase the risk When contractors and subcontractors are all working on the same project, the risk of deaths and accidents go up. The issue here is that the subcontractors might not practice the same safety standards as the general contractors. These individuals must be trained on proper work practices around electricity so they can reduce the risk of being electrocuted. If a worker is shocked by a high voltage current, they can suffer from catastrophic injuries. Some may pass away from the injury. Workers who survive and the family members of ones who perish will likely qualify for workers’ compensation benefits. It is imperative to handle this as quickly as possible after the incident because there are time limits in place.

The fall harvest season is a busy one for those who work on farms. Even though there is so much to do, there is no reason for safety to fall on the back burner. By keeping it a top priority, everyone who is working to bring the crops in can go home safely at the end of the day. There are many risks during this time. Remembering these safety tips can help you to make it through each shift without injury. Get enough rest Days are long when you are working in the fields. The conditions are sometimes harsh. Because you get up early every morning and might not get home until the evenings, it is easy to skimp on rest. Fatigue is a serious issue when working with heavy machinery. Try to give your mind and body a rest in the middle of your workday, possibly around the time you eat lunch. Learn how to operate machinery The heavy equipment you use when harvesting can be dangerous. Always turn it off if you are going to have to leave the equipment, even if only for a minute. You also have to watch for other people who are working in the same area as your machinery. Catastrophic injuries can occur if a person is run over by a farm equipment. Practice road safety If you have to operate your equipment on a public road, use proper road safety. The equipment needs to have the reflective triangle on the back. This warns drivers that you are moving slowly. You should also always assume that traffic is heading your way when you are turning onto the roadway. Don’t assume that drivers will slow down or stop. If there is any doubt about whether you can make it onto the road and start moving safely, wait until you can be sure. Use appropriate hand signals or turn signals to let drivers know when you are going turn, and always travel as far on the right side of the road as possible. If you do suffer an injury while working to bring in the crops, seek medical care. These injuries might not seem significant, but there could be underlying issues. Ultimately, you can opt to file a claim for compensation if the injury was due to defective equipment or tools, or if there is a chance of filing for workers’ compensation.