There are three types of injuries under the North Carolina Workers' Compensation Act that are provided for specifically and have special provisions that need to be met in order to receive benefits. These are hernias, heart attacks, and suicide.
To recover benefits for a hernia the employee must prove that the there was an workplace accident that caused the hernia, the hernia appeared suddenly, the hernia immediately followed the workplace accident, and the hernia did not exist prior to the accident for which compensation is sought.
It is necessary to prove every element or the claim will be denied. If the hernia was caused while the employee carrying out his usual and customary duties, unaccompanied by any accident or traumatic incident the claim will not be compensable.
In order to recover under the Act for a heart attack, the employee must show that the heart attack was the result of some unusual event or condition. If the employee was doing his job in his usual and customary manner when he suffered the heart attack benefits are not provided for under the Act. Clearly suffering a heart attack at work, without more is not compensable under the Workers' Compensation Act. However, there is an exception to this rule.
“Where the employment subjects a workman to a special or particular hazard from the elements, such as excessive heat or cold, likely to produce sunstroke or freezing, death or disability resulting from such cause usually comes within the purview of the compensation acts …. The test is whether the employment subjects the workman to a greater hazard or risk than that to which he otherwise would be exposed.” Fields v. Tompkins-Johnston Plumbing Co., 224 N.C. 841, 842-43 (1945).
If an employee willfully intends to harm himself causes his death there will be no recovery under the Act. However, if this intent to harm himself is uncontrollable due to a workplace injury the suicide is not considered intentional and recovery may be had under the Act. Suicide caused by occupational disease is also compensable under the North Carolina Workers' Compensation Act.
