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North Carolina woman awarded benefits after injury on lunch break

People are injured while working regularly throughout the state of North Carolina. These injuries happen in a variety of settings including factories and construction sites. They also occur in office settings. Regardless of where they occur it is possible that the injured worker could receive workers' compensation benefits via a claim against his or her employer.

It is not a given that upon application, workers' compensation benefits will be granted. There are many reasons why an employer may try to get out of paying the benefits including claiming that the injury was not sustained during the course of the injured party's job. A North Carolina woman recently experienced this very thing.

The woman worked in an office on the second floor a building which was primarily occupied by those working for her employer. One day, as she exited a restroom located on the first floor she slipped on a piece of ice which was lying on the floor. This resulted in her falling. The ice was from an ice machine located near the rest room. As a result of the fall the woman reinjured a knee upon which she had previously had surgery. At the time of the incident the woman was on her lunch break.

Her employer sought to have the claim dismissed alleging that it did not occur while the woman was on-the-job. The North Carolina Court of Appeals disagreed and found that the woman should in fact receive compensation. Though the woman was on a break when the injury occurred, it happened during the woman's work day. In addition, because the cafeteria was located on the first floor, employees throughout the building were urged to go to the first floor to eat. Also, the building was found to be in control of the facility.

Worker's compensation claims can be complicated. For that reason, when a worker finds that his or her claim has been denied, it may be time to contact a workers' compensation lawyer.

Source: Risk and Insurance, "Comp allowed for representative's fall during unpaid lunch break," Feb. 11, 2013

  • Workers' compensation cases are often complex. Our firm provides counsel in these types of matters. If you would like to learn more about our practice, please visit our North Carolina workers' compensation appeals page.

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John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

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