Some work injuries in North Carolina aren’t immediately symptomatic. You might not feel pain right away, but that doesn’t mean your injury isn’t serious or related to your job.
While work-related delayed injuries are covered by workers’ comp in North Carolina, getting the benefits you need isn’t easy. The challenge is proving that your injury occurred while you were working and performing your job. Your employer or their workers’ comp provider may question your claim by saying the injury isn’t work-related. That’s why it’s essential to report any accident or discomfort as soon as possible and speak with a workers’ comp attorney if symptoms appear later. With the proper legal assistance, you can seek benefits for medical bills, lost wages, and more.
What Is a Delayed Injury?
A delayed injury doesn’t show symptoms immediately after a traumatic workplace accident or from job-related activities. Pain or other symptoms may take hours, days, or even weeks or months to appear. These injuries can happen from a single event, like a fall, or repetitive movements over time, such as typing. To qualify for workers’ comp benefits, your condition must arise in one of two ways – injury by accident or occupational disease.
Injury by Accident
An injury by accident must arise in the course and scope of your employment (N.C. Gen. Stat. § 97‑2). This means you must show that your injury happened at work because of your job duties or a specific work incident. Proving your injury is work-related is more difficult when symptoms don’t appear immediately after a specific accident. Workers’ compensation insurance companies may question whether your injury happened at work or during your personal time. That’s why reporting any workplace accident as soon as it happens is crucial – even if you don’t feel hurt. You should also seek medical treatment right away. If symptoms show up later, don’t wait to speak with an experienced workers’ compensation attorney.
Occupational Disease
NC workers’ compensation laws also sometimes entitle workers to benefits for occupational diseases and conditions that develop over time. However, you must prove that your job duties or environment both 1) caused your injury and 2) put you at increased risk of developing the condition compared to the general public (N.C. Gen. Stat. § 97-53; Rutledge v. Tultex Kings Yarn, 308 N.C. 85, 93, 301 S.E.2d 359, 365 (1983) and Booker v. Duke Univ. Med. Ctr., 297 N.C. 458, 471-72, 256 S.E.2d 189, 198 (1979)).