What Can You Do If Your Workers’ Compensation Case Is Denied?

What Do You Mean That’s Not in the Scope of My Employment?

Most employees feel that if they are injured on the job, or injured doing something at the direction of their supervisor that their injury will be one that is accepted by their company’s workers’ compensation carrier, and their medical bills will be paid, and they may get compensated for a permanent injury.  But, that is not necessarily correct.

When you are hurt on the job, your injury must be something that is considered in the “scope of your employment.” Being in the scope of your employment can be defined as something which benefits your employer, even if it is not in your actual job description.  The difference can be quite subtle.  For example, if you are hurt taking a group photograph with your co-employees that is just for the photographer, and not for a work purpose that is not in the scope of your employment.  If you are injured taking a group photograph that will be used in the company marketing material that is in the scope of your employment.  Likewise, if you are a security guard and are hurt stopping a robber that is in the scope of your employment, but if you are a trucker and try to stop a robber and get hurt, the courts of North Carolina have held that is not in the scope of your employment.  Often this distinction is so close that workers’ compensation companies simply choose to deny the injured worker’s claim as a matter of policy, or business practice.

     

If you are injured onthe job in North Carolina, or South Carolina, and your case is denied, Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.