Elements Required to Prove an Injury by Accident in North Carolina Workers’ Compensation Claims
Whether a claim is compensable may depend on what type of injury/disease is alleged. The four major types of workers’ compensation claims are: Injuries to body parts other than the back. Injuries to the back. Occupational Diseases Death This article addresses the standard for proving compensability for injuries to body parts other than the back. For a claim to a body part other than the back to be compensable it must meet the following elements: Injury By accident Arising out of the employment In the course and scope of the employment. A causal connection between the accident and injury. The terms “injury” and “accident” are not synonymous. An injury that is not the result of an accident is not a compensable claim . Similarly, an accident that does not result in an injury is also not a compensable claim. The mere fact that an injury occurred does not in and of itself establish that an accident occurred. An accident is “ an unlooked for and untoward event which i...