Workers’ Compensation for Foot Injury in Raleigh, NC

When Your Foot Injury Qualifies for Workers’ Compensation

Workers’ comp benefits in North Carolina are not based on fault, so you don’t have to prove that your employer or someone else caused your injury. Instead, you must be an eligible employee injured as the result of an accident in the “course and scope” of your employment.

Eligible Employees

Under North Carolina law, most businesses with three or more workers must provide workers’ compensation insurance for their workforce, with a few exceptions. This rule applies regardless of whether the employees work full-time or part-time. Anyone with questions about whether they qualify for workers’ comp benefits should speak to an attorney immediately.

Course and Scope of Employment

The fact that you qualify for workers’ compensation benefits generally does not mean all foot injuries make you eligible for benefits. Workers’ compensation only covers injuries as a result of an accident that occurs while you’re at work and performing work-related duties.

For instance, if you work in a factory or warehouse and a heavy object crushes your foot, you would likely qualify for benefits. On the other hand, a foot injury from a car accident while commuting to or from work typically would not qualify. However, if the collision occurred while you were performing your work-related duties, you might qualify for workers’ compensation benefits. For example, you might be eligible if you were running a special errand for your employer or if your employer provides you with transportation.

Workers’ Comp Benefits Available for Foot Injuries

Your workers’ compensation benefits for a work-related foot injury could include:

• Medical benefits – If you have a qualifying injury, your employer covers the cost of all reasonable, medically necessary treatments. Your medical benefits generally last until you heal or reach maximum medical improvement (MMI), meaning further treatments won’t meaningfully improve your condition.
• Disability benefits – If your injury keeps you from working for an extended period, whether partially or totally, you may qualify for disability benefits. These benefits provide two-thirds of your pre-injury average wages up to certain limits under state law. The type and duration of your benefits depend on your injuries, their effects, and how long they’re expected to last.
• Specific loss benefits – If you lose part or all of your foot in a work-related accident, you may qualify for specific loss benefits. These benefits provide two-thirds of your pre-injury average weekly wage for a specific number of weeks, depending on the extent of your injuries.
• Vocational rehabilitation benefits – Workers with foot injuries that prevent them from returning to their old jobs may qualify for vocational rehabilitation benefits. These benefits help injured workers acquire new skills so they can return to the workforce.

There is no true average workers’ comp settlement for a foot injury. Every case is different, depending on the extent of your injuries and your prior earnings. A workers’ comp attorney can determine what benefits you are owed and demand the full amount for you.

Personal Injury Claims

It’s also worth noting that injured workers in North Carolina may qualify for additional compensation through a personal injury lawsuit. Injured workers rarely can sue their employers or coworkers for accidents, but they can file a claim against another party who contributed to their injuries. For example, a worker whose foot is crushed by a defective piece of equipment may have a third-party claim against the manufacturer.

Unlike workers’ compensation benefits, personal injury claims require injured workers to prove someone else caused their injury. The trade-off is that these claims let workers pursue compensation for losses workers’ comp doesn’t cover, such as the full amount of their lost wages and pain and suffering. However, they must pay back their workers’ comp benefits from the compensation they recover.