Can I Receive NC Workers' Comp Benefits If I Was Injured In A Fight At Work?

Workplace injuries can arise from various situations, including physical altercations or fights between employees. In North Carolina, specific rules apply to when workers’ compensation benefits might be available in such instances.

Compensable Physical Altercations / Fights

In North Carolina, workers’ compensation benefits may be provided if an injury occurs during a workplace fight. The most common scenario involves altercations arising from work-related issues.

For example, a dispute over performance, such as one employee accusing another of not working hard enough, could escalate into a physical confrontation. If this happens, the injury might be considered compensable.

Identifying the Aggressor of the Altercation

Determining who initiated the altercation is key. If you were the one who started the fight, you’re likely ineligible for North Carolina Workers’ Compensation benefits. The law is meant to protect employees who are victims in workplace disputes, not those who start them. Therefore, if you are injured in a physical altercation, it is important to show that you were not the aggressor.

“Horseplay” and NC Workers’ Compensation

In addition to altercations tied to work disputes, North Carolina law also covers injuries that result from “horseplay” in the workplace. Horseplay refers to playful, non-aggressive activities between coworkers that can lead to accidental injuries. Given that coworkers often spend a significant amount of time together, such playful behavior may occasionally occur as a way to relieve stress on the job.

Though horseplay-related injuries are less common in workers’ compensation claims, they can still qualify for benefits if the injury was a result of playful, non-malicious interaction. However, these claims may face resistance from employers and insurers, potentially leading to denials.

The Challenges in Approval of Claims

Even though North Carolina law provides for compensable physical altercations and horseplay, claims related to these incidents are often denied. The unclear nature of some altercations can make it harder to qualify for benefits. Workers’ compensation insurance providers may argue that the incident doesn’t meet the necessary requirements for compensation, especially if the circumstances are not fully understood.

If you find yourself in a situation where you have been injured at work in a fight or through “horseplay”, it’s important to contact an experienced North Carolina Workers’ Compensation attorney to learn more about your rights and ability to obtain medical treatment and benefits for your injuries.