Overexertion Workers' Comp Attorney in Raleigh, NC

Raleigh overexertion workers comp attorney Did you recently suffer an injury during a moment of intense exertion at work? You could be entitled to workers’ compensation benefits. However, you’ll need to establish that the on-the-job overexertion directly caused your injury, along with other criteria. That’s where an experienced workers’ comp attorney comes in.

What Do I Have to Prove?

To recover benefits under the North Carolina Workers’ Compensation Act, the employee must prove three elements:

(1) that he or she suffered an injury by accident,

(2) that the injury arose out of employment, and

(3) that the injury was sustained in the course of employment. Hollar v. Montclair Furniture Co., 48 N.C. App. 489, 490, 269 S.E.2d 667, 669 (1980).

How can overexertion be an accident? In North Carolina Workers’ Compensation law the definition of accident isn’t limited to the proverbial slip on a banana peel. The North Carolina Supreme Court defined an accident more broadly as “an unlooked for and untoward event which is not expected or designed by the person who suffers the injury.” Hinsley v. Cooperative, 246 N.C. 274, 278, 98 S.E.2d 289, 292 (1957). So even if an injury happened on the job, if it came about while the worker was doing his or her “usual and customary duties … performed in the usual manner,” the injury is not compensable. Lineback v. Wake County Bd. of Comm’rs, 126 N.C. App. 678, 682-83, 486 S.E.2d 252, 255 (1997); Gunter v. Dayco Corp., 317 N.C. 670, 673, 346 S.E.2d 395, 397 (1986). As unfair as that seems, it’s the law in North Carolina.

Thankfully, the North Carolina Court of Appeals created an exception when the job requires “an extra or unusual degree of exertion by an employee while performing a job…” that “may constitute the unforeseen or unusual event or condition necessary to make any resulting injury an injury ‘by accident.’” Jackson v. Fayetteville Area System of Transportation, 88 N.C. App. 123, 126, 362 S.E.2d 569, 571 (l987); Jackson v. North Carolina State Highway Comm’n, 272 N.C. 697, 158 S.E.2d 865 (l968); Gabriel v. Town of Newton, 227 N.C. 314, 42 S.E.2d 96 (l947); Gladson v. Piedmont Stores, 57 N.C. App. 579, 292 S.E.2d 28 (1982), disc. rev. denied, 306 N.C. 556, 294 S.E.2d 370 (l982); Bingham v. Smith’s Transfer Corp., 55 N.C. App. 538, 286 S.E.2d 570 (l982); Porter v. Shelby Knit, 46 N.C. App. 22, 264 S.E.2d 360 (l980); Harding v. Thomas & Howard Co., 256 N.C. 427, 428, 124 S.E.2d 109, 110-11 (1962).

Even an injury that occurs during routine work can qualify for workers’ comp if it was caused by “an extra or unusual degree of exertion” (Jackson v. Fayetteville Area Sys. of Transp., 88 N.C. App. 123, 126, 362 S.E.2d 569, 571 (1987); King v. Forsyth County, 45 N.C. App. 467, 263 S.E.2d 283 (1980).

For example, let’s say you usually work a desk job, but your boss asks you to move a heavy box of copy paper upstairs. On the way up, you twist your knee and sprain it. Because this task is outside of your normal work routine, your knee injury may qualify for workers’ comp benefits.

At Younce, Vtipil, Baznik & Banks, we know how to prove overexertion injury cases and seek the workers’ comp benefits our clients deserve. Our lawyers are here to win your case and keep the focus on your recovery.

Why Do I Need a Lawyer for an Overexertion at Work Claim?

Overexertion cases are often made more difficult because the injured worker agreed to a recorded interview with the insurance adjuster who knows just how to get you to phrase your answers in a way that makes it much harder to win. Do not agree to a recorded statement unless and until you have a licensed workers’ compensation specialist attorney on the line with you.

Overexertion cases are very often denied by the insurance adjusters. Why? Because many lawyers don’t understand how to establish an overexertion activity as an injury by accident. Our experienced attorneys understand the nuances involved and how to win your case in court. So if your employer or their insurer disputes the cause of your workplace injury, our lawyers can gather the right evidence and present it in a clear, direct way. If your case requires a hearing, our attorneys can get the right witnesses to court to establish what happened, depose the doctors necessary to prove the medical part of your case, and draft the extensive brief and proposed opinion and award necessary to win.

What Is Overexertion?

Overexertion happens when the worker is going beyond their usual routine and puts too much physical strain on their body, sometimes resulting in an immediate-onset injury.

With an overexertion injury, the body is reacting to stress that exceeds its limits. It often occurs during physically demanding activities like lifting, pushing, pulling, or carrying unusually heavy objects or when having to work in unusually strenuous conditions. Overexertion injuries at work can involve the muscles, joints, spine, or heart.

People who develop overexertion injuries often experience immediate pain, weakness, or loss of function at the moment of exertion.

This is different than a repetitive motion, repetitive trauma, or just wearing out after lifting heavy things on the job for a long period of time because in those cases, the symptoms are usually “gradual onset”, not immediate onset. While the North Carolina courts have not set out a bright line rule as to how long the worker must be overexerting, if it takes more than a few days, it may have to be proven as an “occupational disease”, which is more difficult to prove than an injury by accident.

Common Types of Overexertion Injuries in the Workplace

Overexertion injuries can happen when a worker lifts, pulls, pushes, or carries something that puts sudden, extreme stress on the body. Examples of overexertion injuries that may occur in the workplace include:

Back or neck strains – A worker might experience a sharp pain in their lower back after lifting a heavy box or twisting while carrying an awkward load. North Carolina law makes it easier to establish a spinal injury as a compensable claim because you only have to prove that it came from a specific traumatic incident. N.C.G.S. § 97-2(6).
Shoulder injuries – Attempts to lift heavier than expected objects above shoulder level or catch something mid-fall can lead to torn rotator cuffs or joint dislocations.
Knee damage – Workers who bend or twist the wrong way at an unusual angle, like during a sudden lift or when stabilizing an unusually heavy load, can tear ligaments or suffer a severe knee collapse.
Hernias – If a worker pushes or pulls heavy equipment without proper support, it can cause internal tissue to bulge through the muscle, often in the abdomen or groin.
Heart attacks and other coronary conditions – In severe cases, a worker may experience a heart attack or cardiac collapse during extreme physical effort. In King v. Forsyth County, 45 N.C. App. 467, 263 S.E.2d 283, disc rev. denied, 300 N.C. 374, 267 S.E.2d 676 (1980), a deputy sheriff suffered a heart attack after chasing a fleeing suspect. In Gabriel v. Town of Newton, 227 N.C. 314, 42 S.E.2d 96 (1947), a policeman suffered a heart attack after struggling with a man who was violently resisting arrest. The heart attack was held to be a compensable injury by accident due to the exertion involved.

If you aren’t sure whether your overexertion injury qualifies, reach out to our North Carolina workers’ comp attorneys at Younce, Vtipil, Baznik & Banks as soon as possible. We can review the specific circumstances of your case and explain your rights. Our attorneys can also gather evidence and build a compelling case proving each required aspect of an overexertion workers’ comp claim.

Get in Touch with Our Raleigh Workers’ Comp Attorneys to Get Started on Your Case

When injured workers in North Carolina need reliable support for their workers’ compensation claims, they turn to Younce, Vtipil, Baznik & Banks based in Raleigh. Here’s what one past client had to say about working with us:

“Mr. Baznik handled my workers compensation case and stayed well ahead of it. Always keeping me informed and going the extra mile for my needs. I’m so glad I chose to call Joe Baznik and will use his team again if I ever need an attorney.” – Jon Connell

If you suffered an overexertion injury at work, reach out to Younce, Vtipil, Baznik & Banks today for a free consultation. Our workers’ compensation lawyers bring over 100 years of combined experience to every case we handle and have recovered millions for workers across North Carolina. Our team also includes fluent English and Spanish speakers, so you can talk to us in the language you prefer. We’re ready to listen and here to help. Call (919) 661-9000 now to get started.