Whether a claim is compensable may depend on what type of injury/disease is alleged. The four major types of workers’ compensation claims are:
- Injuries to body parts other than the back
- Injuries to the back
- Occupational diseases
- Death
This article addresses the standard for proving compensability for injuries to the back.
Unlike injuries to other body parts, an employee does not have to prove an injury by accident in order to prove an injury to the back. An employee could prove a back injury under an injury by accident standard, but it is not required.
North Carolina has adopted the “specific traumatic incident” standard for back injuries.
The use of the words “specific” and “incident” means that the trauma or injury must have occurred at a “judicially cognizable” period of time. To meet the “judicially cognizable” standard, the employee must prove to the Industrial Commission when, within a reasonable period, the injury occurred.
Unlike for an injury by accident, there is no requirement that a single incident must have occurred at an exact point in time. A series of events could qualify as occurring at a “judicially cognizable” period of time. However, the pain must not be the result of gradual deterioration. Pain as a result of repeated lifting during an afternoon may satisfy the “judicially cognizable” standard. Pain as a result of repeated lifting over several months would likely not satisfy the “judicially cognizable” standard.
