Specific traumatic incidents are an exception to the normal rule that a work injury must be caused by an unlooked for or untoward event in order to be covered by workers' compensation. In other words, if you injure your back or neck (such as a hernia), you must prove that there was an injury by accident OR that there was a specific traumatic incident that was a direct result of the work assigned. According to North Carolina law (Section 97-2(6)), the specific traumatic incident must occur within a "judicially cognizable period of time." That means that the worker must not have had a gradual deterioration and must be able to identify the approximate time that the incident occurred. There are many cases interpreting what exactly "judicially cognizable period of time" means. We know that a back or neck injury from a specific traumatic incident is not the same as an instantaneous event, and employees don't always have to know the exact date. In one such case, the North Carolina Court of Appeals held that a specific traumatic incident could be a series of events that occur contemporaneously within a time period lasting up to 15 hours. In some cases, it was enough for the worker to identify the approximate day, week, or even the part of the month when the specific onset of pain occurred during work. For workers who injure their back or neck at work, the most important step is to report the injury as soon as possible. Many workers we've represented have felt a pull in their back, a slight pop in their neck, or a sudden pain of some sort. Many times, the workers assumed the injury was minor and attempted to work through the pain, believing or hoping that it would resolve quickly. However, delaying medical treatment can create problems for your North Carolina workers' compensation claim because insurance adjusters might argue that you didn't report your injury in a reasonable time. Many insurance adjusters and defense attorneys will also call the worker's credibility into question, arguing that there was no incident at all. In short, your employer or their insurance company may argue that you made the whole thing up. Therefore, the safest action to take is to report the incident to your supervisor. You can send an email or write a note—just be sure to keep a copy.