What is whiplash?
Named after the rapid swish of a whip, whiplash is characterized by a sudden, forceful jerk of the head, typically in a frontward and backward motion. It’s often associated with car accidents (especially head-on collisions and rear-end crashes) and contact sports, but it can happen in the workplace as well. Warehouse workers, for example, those injured on the job at Amazon fulfillment centers, can experience whiplash after being struck by the moving parts of a machine.
The consequences of whiplash can include everything from neck pain to sudden changes in mood, memory, and attention span. Additionally, it can range in severity, so some cases of whiplash might heal in a couple of days while others might take years.
Medically speaking, whiplash is classified into grades:
- Grade 1. Pain only
- Grade 2. Pain with signs of injury
- Grade 3. Pain with signs of injury and neurological symptoms
- Grade 4. Pain with severe or disruptive side effects that impact the person’s ability to live normally
As you can see, Grade 1 is the least serious; it can often be treated with simple bed rest and over-the-counter medications. By contrast, Grade 4 can require hospitalization and years of recovery. There have even been fatal cases of whiplash, though that tends to happen instantaneously at the time of the accident. Fatal whiplash isn’t graded on the scale.
Eligibility requirements for workers’ compensation in North Carolina
Almost all employers in North Carolina that have 3 or more employees are required to have workers’ compensation insurance. However, it’s worth checking out the list of exceptions to make sure that you’re covered. Exceptions include certain railroad workers, certain farm laborers, and domestic household employees.
North Carolina provides no-fault workers’ compensation, which means that no one has to be held liable for your accident. In other words, your employer doesn’t have to be proven negligent for you to qualify for benefits. In most cases, you can even receive workers’ comp benefits if you caused the accident that led to your injury.
However, please note that your injury must have occurred within the course and scope of your employment to qualify for workers’ compensation.
Potential workers’ compensation benefits
Whiplash compensation can come in many forms, including:
- Payment for medical care, including surgeries, medications, rehabilitation and required medical devices, such as braces and slings
- A portion of your lost income (typically two-thirds of your average weekly wage) while you’re unable to work
- Death benefits for certain dependents if you die from a work-related injury or illness
How to file a workers’ compensation claim in North Carolina
If you’ve suffered a whiplash injury at work, you’ll need to follow these steps to receive workers’ comp benefits:
- Seek medical care to ensure your injury is documented.
- Inform your employer of your injury in writing within 30 days.
- Submit Form 18 to the North Carolina Industrial Commission to start your claim. This should be done as soon as possible, but no longer than 2 years after your injury.
- To maximize your benefits and minimize your stresses, consider hiring a workers’ comp attorney to guide you through the process, especially if your claim is denied.
Filing a third-party claim
Applying for workers’ comp means that you can’t sue your employer because of your injury. However, you can sue third parties (someone other than your employer) for acts of negligence that caused or contributed to your injury.
For example, if you get into a car crash while delivering a package for work because of another driver’s negligence, you can sue the other driver in a personal injury lawsuit in addition to filing a workers’ comp claim.
Contact a workers’ compensation attorney
Workers’ compensation claims are not always as simple as they seem. Working with an experienced work injury attorney from the very beginning can help you avoid a denied claim so you can get the compensation you need for a full recovery.
At Wilder Pantazis Law Group, our knowledgeable workers’ compensation attorneys are committed to helping workers in North and South Carolina recover maximum compensation for their injuries. We offer free initial consultations, and we work on contingency—so you won’t pay a fee unless we win your case.
Contact us today for your free, no-obligation consultation to see how we can help you.
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