The burden of proving that the worker is disabled is upon the workers themselves. Those hurt at work then ask our Raleigh workers' comp lawyers: What evidence is required to prove my work injury? The injured worker must show by the greater weight of the evidence that they have suffered a loss of earning capacity due to a payable injury. In order to support a conclusion of disability, the North Carolina Industrial Commission must find that the following facts exist:
- That the injured worker was incapable after his or her injury of earning the same wage as he or she earned before the injury in the same employment.
- That the injured worker was incapable after his or her injury of earning the same wages he or she earned before the injury in any other employment.
- That the injured worker’s incapacity to earn was caused by his injury at work which arose out of and in the course and scope of his or her employment.
An injured worker may meet this burden of proof in one of the following ways:
- The introduction of medical evidence that the worker is physically or mentally, as a consequence of the work related injury, incapable of work in any employment.
- The introduction of evidence that the injured worker is capable of some work, but that he has, after a reasonable effort on his part, been unsuccessful in his effort to obtain employment.
- The production of evidence that he is capable of some work, but that it would be futile because of pre-existing conditions (such as age, inexperience, or lack of education) to seek other employment.
- The introduction of evidence that the injured worker has obtained other employment at a wage less than that earned before the injury.