In general if your job
subjects you to a special, or particular hazard from the elements such as
excessive heat, or cold, likely to produce sunstroke, or freezing, and you are
killed, or injured, courts have traditionally found that to be covered under
workers’ compensation. The test is whether the job subjects you to a
greater hazard or risk other than what you would have been ordinarily exposed
to in that circumstance. For example, a tornado strikes your town, and
you are employed as a firefighter, and are injured saving someone from a
collapsing building. Your job as a firefighter, puts you at a greater
risk than normal, and your injuries would be covered under workers’
compensation. Conversely, North Carolina courts have held a worker in a
plant that was injured when a tornado hit was not injured in the scope of his
employment because there was no causal relationship between the job, and his
injuries.
If you are a
carpenter, or roofer, and get caught in a storm while working, and struck by
lightning, your case would be compensable because your job put you in the
situation where the risk of your being harmed by lighting was greater.
Likewise, if it is over one hundred degrees outside, and you work in a plant
where you are working around molten metal, and you suffer heatstroke that would
also be compensable. Facts and circumstances very widely from case to
case, and workers’ compensation insurance companies will interpret the facts
and law to suit their interests, not yours.
If you are injured on
the 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.
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