Learn if you qualify for workers’ comp and how to file a claim if you were injured at work during a natural disaster in Charlotte
Charlotte, North Carolina, is no stranger to extreme weather events. From hurricanes and tornadoes to floods, lightning strikes, ice storms, and snowstorms, the city faces a diverse range of risks. These natural events can pose significant dangers to both residents and workers, so it’s essential to understand your rights after an injury.
For workers in Charlotte, a crucial question arises: If you are injured during a natural disaster while on the job, are you eligible for workers’ compensation benefits?
This article will delve into the specific legal considerations and guidelines that apply to workplace injuries caused by natural disasters in Charlotte and guide you through the process of filing a workers’ comp claim so you can get the benefits you deserve.
What are the most common causes of injuries during natural disasters at work?
Workplace injuries during natural disasters often stem from environmental hazards and structural damage. Below are some of the most common causes:
- Falling debris. High winds from hurricanes, tornadoes, and storms can cause trees, branches, or building materials to fall, leading to serious injuries like brain injuries, broken bones, or lacerations.
- Slips, trips, and falls. Flooding, heavy rain, and icy conditions create slippery surfaces, increasing the risk of injuries such as sprained ankles, fractures, or spinal cord injuries from falls.
- Electrocution. Downed power lines and damaged electrical systems during storms and floods can lead to electrocution, causing burns, cardiac arrest, internal organ damage, and other severe injuries.
- Vehicle accidents. Flooded, icy, or debris-covered roads increase the likelihood of work-related vehicle accidents for those who travel or drive for work, leading to injuries like whiplash, broken bones, or concussions. This is especially true for first responders, road crews, and utility workers who may be involved in the cleanup and recovery process.
- Exposure to hazardous materials. Natural disasters can damage industrial facilities, leading to chemical spills or exposure to hazardous materials for workers, which can cause respiratory issues, skin burns, or poisoning.
- Structural collapses. Buildings weakened by hurricanes, earthquakes, or floods can collapse, trapping workers and causing injuries such as crush injuries, broken bones, and internal bleeding.
- Fires or explosions. Natural disasters can damage gas lines or electrical systems, resulting in fires or explosions that cause severe burns, smoke inhalation, or trauma from the blast.
- Flooding. Flooding from hurricanes and heavy rains can trap workers in submerged areas, leading to the risk of drowning or near-drowning incidents.
Understanding the most common causes of injuries can better equip workers and employers to respond effectively during disaster recovery efforts. Proper safety measures, training, and preparedness can help minimize these risks and protect employees during these unpredictable events.
Hurricane Helene devastates North Carolina communities
On September 26, 2024, Hurricane Helene devastated parts of Appalachia, particularly Western North Carolina, where severe flooding destroyed towns and left hundreds of roads inaccessible, hindering rescue efforts. Some areas in North Carolina received over 31 inches of rain in just 3 days. At least a dozen weather stations recorded their wettest periods on record, with Asheville Regional Airport reporting nearly 3 months’ worth of rain in less than 72 hours.
Hard-hit areas like Old Fort, North Carolina, saw floodwaters rise to the roofs of homes, washing away cars and buildings and leaving residents without essential services like power and water.
At least 219 people have been confirmed dead across several states, with the death toll expected to rise as recovery continues. Buncombe County, home to Asheville, has reported over 50 deaths, including a 7-year-old swept away by floodwaters.
The relentless rainfall also triggered landslides and mudslides, leading to widespread devastation and rescues. Winds from Helene were also extreme, with gusts surpassing hurricane speeds and leaving millions without power across several states.
Emergency officials described the event as “biblical,” with many rivers surpassing their historic crests, including the Swannanoa River, which experienced the worst flooding since North Carolina became a state. The storm’s impact threatens to surpass the deadly 1916 flood that had long been the benchmark for devastation in the region.
Does NC workers’ comp cover injuries caused by natural disasters at work?
Yes, North Carolina workers’ compensation generally covers injuries and occupational illnesses and diseases that are work-related, including those sustained during a natural disaster. Workers’ comp is designed to provide benefits for any injury that arises out of the “course and scope” of employment.
This means that if you’re performing your job duties or are on the clock when a natural disaster strikes and you’re injured, your injury is likely covered.
One key aspect of workers’ compensation is that it is no-fault insurance, meaning that you do not have to prove that your employer was at fault for the injury. Whether your injury was caused by a falling tree, flooding, or other storm-related hazards, as long as it occurred while you were working or as a direct result of your job, you’re typically entitled to workers’ comp benefits.
This also means that even if the natural disaster itself wasn’t caused by any negligence on your employer’s part, you can still receive benefits for your injuries.
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What workers’ comp benefits am I entitled to after an injury from a natural disaster?
If you sustain an injury during a natural disaster while working in North Carolina, you may be entitled to workers’ compensation benefits. These benefits can include:
- Medical benefits. Workers’ compensation typically covers the cost of necessary medical treatment, including doctor’s visits, surgeries, medications, and physical therapy.
- Temporary disability benefits. If your injury prevents you from working, you may be eligible for temporary total disability (TTD) benefits or temporary partial disability (TPD) benefits to replace your lost wages (typically up to two-thirds of your average weekly wage).
- Permanent disability benefits. If your injury results in a permanent disability, you may be entitled to permanent total disability (PTD) benefits or permanent partial disability (PPD) benefits. The amount of these benefits will depend on the severity of your disability.
- Vocational rehabilitation. If your injury prevents you from returning to your previous job, workers’ compensation may cover the cost of vocational rehabilitation to help you learn new skills or find a suitable alternative job.
- Death benefits. In the tragic event of a fatal workplace injury, workers’ compensation benefits can provide financial support to the deceased employee’s family. Death benefits may include funeral expenses and compensation for lost income for surviving dependents.
It’s important to note that the specific benefits you may be eligible for will depend on the circumstances of your case. If you have been injured during a natural disaster while on the job, it’s advisable to consult with a local Charlotte workers’ compensation attorney to discuss your rights and ensure you get the full benefits you’re entitled to under North Carolina law.
What steps do I need to take to file a workers’ comp claim in NC after a hurricane, tornado, or other natural disaster?
If you’ve been injured on the job during a natural disaster in North Carolina, there are specific steps to filing a workers’ compensation claim that you must follow to remain eligible for compensation. They include:
- Seek immediate medical care. In the aftermath of a natural disaster, it’s important to prioritize your health and safety. Visit a healthcare provider as soon as possible to document your injuries. Make sure to clearly explain that the injury occurred during the disaster while performing work-related duties.
- Notify your employer in writing. In most cases, you must inform your employer of your injury within 30 days, preferably as soon as you’re able to do so after the disaster.
- File Form 18 with the NC Industrial Commission (NCIC). This form officially starts your workers’ compensation claim. It’s important to file this form as soon as possible, but you have up to 2 years from the date of the injury. Make sure to send 2 copies to the NCIC, 1 copy to your employer, and also retain a copy for yourself.
- Await the insurance company’s decision. After the insurance company receives your Form 18, they’re supposed to respond within 14 days, providing a written notice as to whether your claim is accepted or denied. The natural disaster circumstances could affect how they view the claim, so clear documentation of the incident is crucial.
The unique complications of filing a claim due to injuries caused by a natural disaster may increase the likelihood of disputes or delays. Consider consulting with a workers’ compensation attorney who can help you navigate these complexities, particularly if your claim is denied or if the disaster has caused widespread disruptions in the claims process.
Injured during a natural disaster at work in North Carolina? We can help!
Dealing with a severe or catastrophic injury after a natural disaster is an overwhelming experience. As you focus on recovering and rebuilding your life, navigating the complexities of a workers’ compensation claim shouldn’t add more stress.
If you’ve been injured on the job during a hurricane, tornado, or other extreme weather event in North Carolina, the experienced team at Wilder Pantazis Law Group is here to help. Our knowledgeable Charlotte workers’ compensation attorneys can answer your questions, calculate the value of your claim, and negotiate with your employer’s insurance company to ensure you get maximum compensation.