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Kelly & West News

NC Court of Appeals Rules that Worker is Entitled to Workers’ Comp Benefits

The North Carolina Court of Appeals held that a worker who was allegedly injured on the job was entitled to benefits even though her employer denied her claim.

A women who worked in a the meat department of a grocery store fell while carrying trays of chicken out of a walk-in cooler and injured her right leg. She suffered a severe post-traumatic bone bruise and a tear in her meniscus. The store denied her claim when she filed for workers’ compensation benefits, claiming her injuries were due to an accident that occurred in her home the week before the store accident.

The grocery store worker had injured her left ankle after stepping in a hole in her backyard a week before the accident at her work. After her claim was denied, the North Carolina Court of Appeals held that she was in fact entitled to benefits. The court noted that even if she suffered the injury in a prior accident, her workplace accident would have aggravated the injury, causing even more harm. The court also pointed out that she denied injury to her right leg during her home accident.

The court ruled that her injury was related to the accident at work and said she was entitled to compensation to cover her medical bills, average weekly wages and temporary partial disability for her injuries.

As Raleigh workers’ compensation lawyers, the attorneys of Kelly & West have experience handling similar workers’ compensation claims. Our attorneys understand the stress caused by injuries that keep workers from being able to work and that result in costly medical bills.

If you or someone you love is injured while on the job and is having trouble with your workers’ compensation claim, we may be able to help you. It is also important to note that sometimes others are responsible for workplace injuries, including product manufacturers. To discuss a possible workers’ compensation claim with a Raleigh lawyer, contact Kelly & West today.

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