In the Worker’s Compensation field attorneys will often refer to something known as a “Parson’s presumption.” To a normal person with a claim this terminology means nothing.

A relatively recent 2005 case provides an adequate example. In Smith v. Brookwood Farms, a 38 year-old meat-packing supervisor in Chatham County suffered a back injury while at work. The employer recognized liability for the claim and paid the employee during the time that she was out of work. Eventually the employee underwent surgery to repair her spine. In fact, the employee’s surgeon went through her abdominal area to get to the spine. Around a month after the surgery, the employee began to suffer pain in her abdominal area, a different area than her original, compensable injury. The employee claimed that her abdominal pain was due to the surgery for her work injury. The employer claimed that it was a different body part and thus not compensable under Worker’s Compensation law.

The Commission applied what has come to be known as the “Parson’s presumption.” The basic principle of the rule is that when you suffer a compensable work injury, it is presumed that if further medical treatment is needed as a result of your work injury, even if a different body part is involved, the employer will be liable. In effect, this means that the employer has the burden to prove that the secondary injury was caused by something else, not the original injury.

This case, along with many others, shows that Worker’s Compensation law is not limited to one accident or one body part. As this Chatham County resident showed, you deserve compensation for all injuries resulting from your work accident.

A misinformed employer or workers’ compensation representative may intentionally or unintentionally try to discourage an injured worker from filing a claim based on a pre-existing injury. It may even sound logical. However, North Carolina Workers’ Compensation law protects employees from workplace injuries, even those who may bring pre-existing conditions to their current job. An Edgecombe County schoolteacher’s story confirms this.

In White v. Edgecombe County Schools, a schoolteacher slipped and fell on a wet floor, suffering a debilitating back injury. Prior to her employment with the school system, the teacher suffered from many non-work related medical issues. These included: (1) diabetes, heart disease, sleep apnea, and most notably, preexisting chronic back pain which resulted in surgery. As a result of her slip and fall, the teacher needed two more surgeries on her back. In that case, the defendants challenged much of the resulting treatment needed. The defendants argued that the resulting treatment was not a result of the work injury.

The Industrial Commission confirmed that North Carolina law is clear: preexisting conditions do not necessarily preclude the award of compensation resulting from a workplace injury. The Commission held that the resulting condition and pain were an effect of her workplace injury and were natural consequences of the compensable injury. Thus, the teacher was rightfully awarded continuing disability compensation and compensation for medical expenses related to the injury.

This case is the rule, rather than the exception. Do not let the fear of a preexisting condition stop you from seeking compensation for your workplace injury. Contact a Worker’s Compensation attorney immediately to aid you in getting compensation for your claim.

I.C. NO. 089640

In the event that you are unsure as to whether your employer has Workers’ Compensation coverage, the statute is thankfully quite clear in most circumstances. Any employer who regularly employs three or more employees is required to carry Workers’ Compensation coverage. N.C. Gen. Stat. § 97-2(1).

The term “regularly employs” typically refers to a consistent number of regular employees over a period of time. For instance, just because your employer may have fallen below three employers at the time of your injury, that would not necessarily make it impossible for you to make a Workers’ Compensation claim. If your employer typically—over a long period of time—had three or more employees, the business would likely still require coverage.

The definition of an employee can be quite a bit more complex. This determination can be complicated by your status as an independent contractor, length of employment, the benefits you receive from the business, or other specifics related to your employment agreement. It is imperative that you always save any contracts or physical materials given to you when starting a job. These will aid your Workers’ Compensation Attorney and employer in expediting a Workers’ Compensation claim in the event you suffer an occupational injury.