Friday, October 21, 2016

Storm and Weather Related Injuries In the Carolinas

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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