Damage to Breast Implants Constitutes Compensable Injury under Workers' Compensation
EmployNews
November 16, 2007
Under the North Carolina Workers’ Compensation Act, a compensable injury includes damage to prosthetic devices which function as part of the body. In Richardson v. Maxim Healthcare Allegis Group, the North Carolina Court of Appeals recently included breast implants in this category and held that an employee was entitled to Workers’ Compensation benefits when an on-the-job car accident caused one of her breast implants to rupture. Relying in part on previous decisions affirming Workers’ Compensation benefits for cosmetic surgery, the court noted that plaintiff was entitled to compensation for the replacement of her right breast implant. On a broader scale, this decision highlights that work-related injuries which cause damage to a part of the body modified by a cosmetic procedure will be compensable under the North Carolina Workers’ Compensation Act.

