Worker's Compensation: Herniated Disc while Getting out of Car

[Spencer Wright]

Jurisdiction

North Carolina

After being pressured and required by my employer to work 70-80 hours a week 6-7 days a week for five months, I herniated a disc while getting out of my car. I am only 27 years old, and the doctor commented that my back looked like I had been in an auto-accident it was so gnarly. I work a very labor-intensive job as an executive chef, and I am required to stand/lift/bend-over the majority of the day.

I am confident that this injury is a direct result of the strain put on me at work, but the accident did not happen while I was actually at work. Does worker's compensation still cover this?

 

[cbg]

Workers comp law vary by state, and you have not named yours. I am not familiar with the specific laws of the state you are posting from, North Carolina. However, no matter what state you are in, you will have to have AT THE VERY LEAST a doctor's statement that verifies that you would not not (not, would probably not or might not but WOULD NOT) have herniated the disk if it were not for the duties of your job. I don't have to know the specifics of your state's laws to know that.

Stand by for ElleMD, who is our local workers comp expert.

 

[adjusterjack]

I herniated a disc while getting out of my car.

Your "feelings" probably don't matter.

Where were you when you were getting out of your car? What time of day was it? What day of the week? What were the circumstances?

Did you have any back pain in the minutes, hours, days immediately before you hurt yourself getting out of your car?

What does your doctor say about the cause? Is he an orthopedist? Have you seen an orthopedic specialist?

Details count.

 

[ElleMD]

Were you doing anything work related at the time of the injury? If you were totally off-duty and not at work or on any work related errand, probably not going to be covered as WC. It is *possible* you are making a claim for an occupational disease, which has different parameters. Every state has very specific requirements for this and it is different than for accidental injuries. For a herniated disk, it will be an uphill battle, especially if the catalyst was a non-work related incident. Not knowing your full diagnosis, and what your doctor posits is the cause, it is very hard to say. It will also matter how long you have been doing this work and if only 5 months, an OD claim is going to darn near impossible.

You can reference the state statute here §97-53. Occupational diseases enumerated; when due to exposure to chemicals.

 

[army judge]

IP address of the OP appears to be in or near Apex, NC.