Practice Areas

News

Library

Other Links:

N. C. WORKMAN'S COMPENSATION CLAIMANTS MUST PROVE THEY ARE DISABLED

The burden of proving that the worker is disabled is upon the worker himself. The injured worker must show by the greater weight of the evidence that he has suffered a loss of earning capacity due to a payable injury.

In order to support a conclusion of disability, the Industrial Commission must find that the following facts exist:

(1) That the injured worker was incapable after his or her injury of earning the same wage as he or she earned before his or her injury in the same employment.

(2) That the injured worker was incapable after his or her injury of earning the same wages he or she earned before the injury in any other employment.

(3) That the injured worker’s incapacity to earn was caused by his injury at work which arose out of and in the course and scope of his or her employment.

An injured worker may meet this burden of proof in one of the following ways:

(a) The introduction of medical evidence that the worker is physically or mentally, as a consequence of the work related injury, incapable of work in any employment.

(b) The introduction of evidence that the injured worker is capable of some work, but that he has, after a reasonable effort on his part, been unsuccessful in his
effort to obtain employment.

(c) The production of evidence that he is capable of some work, but that it would be futile because of pre-existing conditions (such as age, inexperience, or lack
of education) to seek other employment.

(d) The introduction of evidence that the injured worker has obtained other employment at a wage less than that earned before the injury.

North Carolina's Essential
Guide to Accident Cases

Ten Costly Mistakes
That Can Wreck Your
North Carolina Case

Get my FREE Book NOW!

How to Get Top Dollar$
for Your Workers' Compensation Claim

If You Have A Workers' Compensation Claim, You Can Learn How To Deal With Your Employer's Insurance Company.

Get my FREE Book NOW!

Quick Contact

FAQs