Ayers, Whitlow & Dressler

The Personal Injury, Worker’s Compensation and Social Security Disability Group of Sellers, Ayers, Dortch and Lyons.

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December 2013 Archives

Family may be entitled to workers' compensation after miner dies

There are different types of jobs all around the state of North Carolina. Many of them are average desk jobs or even fast food. Although the majority of jobs are considered safe, there are an abundance that can pose risk to employees if proper precautions are not met. A miner in another state was killed earlier this year, and it is now known that it was the result of a tunnel not being secure enough to be worked in. His family may be eligible for survivor's benefits through workers' compensation.

Construction accident sparks investigation from OSHA, heavy fines

There are specific guidelines set in place by the Occupational Safety and Health Administration to prevent North Carolina workers from being involved in a construction accident. When protocols are not followed, hefty fines can be a result. A company in another state had been under an investigation from OSHA, resulting in fines totaling over $50,000. Two of the fines were the result of deaths at the workplace, while the other fine was the result of a serious injury after a construction accident.

What If I Die While My Claim is Pending?

The death of a Social Security disability claimant does not necessarily mean the end of the claim. For regular Title II SSD benefits, the back benefit payable to someone who dies can be recovered by the surviving spouse, a child, or a parent based on particular circumstances of each case. This is always a tragic situation; however, the decedent paid into the Social Security system, and the disability process recognizes the right to benefits payable to family and loved ones.

Another construction accident leads to fatality

We have recently discussed the dangers that construction workers in North Carolina and elsewhere face while on-the-job. Understandably, any fatality in the workplace raises concerns, and typically results in an investigation by the Occupational Safety and Health Administration (OSHA). This is the case in a construction accident in which a worker recently fell to his death.

Working After Filing for Disability Benefits

While a Social Security disability case is pending, the opportunity may arise to attempt to return to work activity. Usually, this step should be taken in consultation with treating doctors and your attorney. If the attempt to work last less than three months, it is often possible to have this categorized as an "unsuccessful work attempt" that will not seriously jeopardize an otherwise valid claim for disability benefits. It is also important to keep close tabs on the amount of money earned upon an attempted return to work since Social Security allows some income (currently $1,060.00 gross per month) without a job becoming substantial gainful employment activity. 

North Carolina construction accident and OSHA safety precautions

Among the worst news any North Carolina family can receive is when a financially contributing member of a family dies. In addition to the grief that follows a loved one's passing, financial burdens soon begin to follow. Many construction workers and their families are victims of these unnecessary burdens after being involved in a construction accident. Although construction workers' jobs are potentially dangerous, it is an employer's responsibility to reduce the risks by providing adequate safety methods. A North Carolina construction worker was just involved in a construction accident that cost him his life.

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