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  1. #1
    Join Date
    Jun 2017
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    3

    Default Injury As Result of Accident or Specific Traumatic Incident

    I am a cook at the restaurant and I hurt my back when I tried to refill the soy sauce into the small container. I lift a 5 gallons bucket of soy sauce weight about 50 pounds up , and bend over to start refilling. Suddenly, my left hand fingers slipped the bottom of the soy sauce bucket and the bucket dropped, but I was able to catch the bucket handle with both hands to avoid the bucket dropping into my feet. Immediately, I experienced a sudden sharp pain in his back. I went to see the doctor, he took my x-ray and saying that I had a herniated disc on my back.
    So my question is my injury at work as a result of Accident or Specific Traumatic Incident ?

  2. #2
    Join Date
    May 2010
    Posts
    586

    Default Re: Injury As Result of Accident or Specific Traumatic Incident

    Quote Quoting xomho View Post
    I am a cook at the restaurant and I hurt my back when I tried to refill the soy sauce into the small container. I lift a 5 gallons bucket of soy sauce weight about 50 pounds up , and bend over to start refilling. Suddenly, my left hand fingers slipped the bottom of the soy sauce bucket and the bucket dropped, but I was able to catch the bucket handle with both hands to avoid the bucket dropping into my feet. Immediately, I experienced a sudden sharp pain in his back. I went to see the doctor, he took my x-ray and saying that I had a herniated disc on my back.
    So my question is my injury at work as a result of Accident or Specific Traumatic Incident ?
    WC is no falt.....If your injured on the job the employer has you covered. There is also no pain and suffering on WC claims.

  3. #3
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Injury As Result of Accident or Specific Traumatic Incident

    The reason I asked because WC rule saying that NOT ALL INJURIES THAT HAPPEN AT WORK ARE GOING TO BE COVERED BY WC unless injury caused by an "Accident" or "specific traumatic incident". So I want to ask to see if my injury is satisfied one of two conditions above.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,743

    Default Re: Injury As Result of Accident or Specific Traumatic Incident

    What you described is probably an accident due to the fingers slipping and the bucket dropping. Under NC law, it would also be a specific traumatic incident. SC law tracks NC law on much of work comp law, so the SC definition of STI is probably about the same as the NC definition. I think you have a case that should be covered, but talk to a SC workers' comp lawyer BEFORE you give the insurance adjuster a "recorded statement" about how you got hurt.
    I have seen many people lose their cases because they gave a recorded statement without getting legal advice first.

    Not all on the job injuries are covered by workers' comp, so you are right to be asking these questions. But you still have to get it right in the recorded statement, too. https://www.avvo.com/legal-guides/ug...rded-statement

    Quote Quoting airdale View Post
    WC is no falt.....If your injured on the job the employer has you covered. There is also no pain and suffering on WC claims.
    Airdale- unfortunately, that is not a correct statement of the law. Not all OJI's are covered by workers' comp law. In any state. In most states, you must be injured "by accident" or in a "specific traumatic incident" or develop an "occupational disease" for your OJI to be covered. These are legal terms with complex definitions and there is much litigation surrounding the question of whether a particular injury or case meets the definitions.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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