What is the Definition of an Accident for Workers’ Compensation Purposes in North Carolina?

In North Carolina, an accident is an unforeseen, unusual, or unexpected event resulting in injury while the employee performs their job duties for workers’ compensation purposes. North Carolina workers’ compensation law, specifically under N.C. Gen. Stat. § 97-2(6) states that for an injury to be compensable, it must result from an accident that arises out of and in the course of employment. Determining what events qualify as an “accident” is the subject of many different court decisions.

Here, our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. explain.

Dictionary, Legal, and Supreme Court Definitions of an Accident

Court decisions such as Love v. Lumberton, 215 N.C. 28, 1 S.E.2d 121 (1938); Davis v. Raleigh Rental Center, 58 N.C. App. 113, 292 S.E.2d 763 (1982) defined a workers’ compensation accident as “an unlooked for and untoward event which is not expected or designed by the injured employee.”

This is near the definitions given in the dictionaries:

• The Century Dictionary defines an accident as: “A casual or undesigned occurrence; a fortuitous event.”
• The Webster’s Dictionary defines an accident as: “An unexpected or unforeseen event, generally unfortunate.”

Here are some of the most common types of accidents that often qualify for workers’ compensation in North Carolina:

• Slips, Trips, and Falls: A worker can slip on a wet surface, trip over an object, or fall from a height, such as a ladder or scaffolding.
• Lifting or Overexertion Accidents: Lifting heavy objects improperly, pushing, pulling, or carrying heavy loads that lead to strain or injury.
• Struck by Object: Workers being hit by falling tools, equipment, or other objects on construction sites or industrial facilities.
• Motor Vehicle Accidents: Employees driving for work purposes, including delivery drivers and truckers, get into vehicle accidents while on the job.
• Machinery Accidents: Workers caught in or struck by moving machinery parts due to malfunction, lack of proper safety measures, or human error.
• Falls from Heights: Construction workers or roofers falling from ladders, scaffolding, or roofs.
• Repetitive Strain Injuries (RSI): Jobs involving repetitive motions, such as typing, lifting, or using tools, leading to cumulative trauma over time.
• Electrical Accidents: Workers coming into contact with live wires, faulty equipment, or malfunctioning electrical systems.
• Exposure to Hazardous Substances: Chemicals, toxic fumes, or hazardous materials in industries like manufacturing or construction.
• Fires and Explosions: Workplace accidents involving flammable materials, faulty equipment, or unsafe working conditions.
• Falling Objects: Items such as tools or materials can fall from a height and strike workers below, especially on construction sites.
• Workplace Violence: Physical altercations or assaults between employees or third parties due to the work assigned.

Even with straightforward examples of compensable accident circumstances, a precise definition of “accident” may not be possible. As the Supreme Court stated in Smith v. Cabarrus Creamery Company, Inc., 217 N.C. 468, 8 S.E.2d 231 (1940), the definition of accident is by its nature somewhat vague:

An accident, although tangible things are involved, is largely intangible. If the influences, often complex and minute, which bring it about were capable of exact analysis; it would lose its character as an accident. As judicially defined, unusualness and unexpectedness are its essence.

It’s worth noting that injuries to the spine are an exception to the accident rule. If your employer or workers’ compensation insurance provider is questioning the definition of your accident and whether your rights to benefits apply, we can help streamline the legal process so you can confidently move forward and address your injuries.

Contact Our Dedicated Charlotte Worker Compensation Attorney Today

Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.

A Voice For The Injured.  Here Every Step of The Way.