Ayers, Whitlow & Dressler

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

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August 2016 Archives

Is the day coming when drivers won't be accountable for crashes?

If you asked people in the car making industry the question in this headline, you might be surprised to hear that the answer could actually be, "yes." Carmakers are becoming increasingly confident in automated driving features, and some have stated that eventually, drivers will not be held accountable for crashes.

Rare conditions and the difficult road to diagnoses

As advanced as medicine is today, there are still many conditions that are not well understood and/or do not have effective treatments or cures. This can be incredibly frustrating for people suffering from conditions that make it all but impossible for them to carry out daily activities.

Certain safety restrictions lifted for truckers across US

Truckers face some very serious on-the-job hazards. Every time they go to work, they are at risk of getting into or causing a catastrophic trucking accident, which is why there are many state and federal regulations in place to keep truckers and other motorists safe.

Wake up, NC drivers: Drowsy driving is dangerous

Every driver knows there are things we do behind the wheel that put ourselves and others in danger, and we know these things because there are laws in place to say that we should not do them. For instance, we know we shouldn't drive with a blood alcohol concentration of 0.08 percent or higher and we know that we can get ticketed for texting and driving, as both behaviors are against the law.

What the SSA considers when assessing ability to return to work

In a recent post on this blog, we discussed an important decision regarding the considerations that must be taken by the Social Security Administration when assessing a person's ability to work in light of a disabling condition. That post, which can be read in full here, mentioned the fact that full extent of certain limitations, including the ability to concentrate and keep pace, were not previously considered.

Are Employers Liable If Their Workers Contract Zika?

According to a recent study, Charlotte and Raleigh are among the 30 U.S. cities most likely to be seriously affected by the Zika Virus. A mosquito-borne illness that can be transmitted through sexual activity, Zika has been linked to a spate of severe birth defects that compromise a child's proper development.

Important Decision Affecting North Carolina Cases

In March, 2015, the United States Court of Appeals for the Fourth Circuit issued an important social security decision affecting North Carolina. Mascio v. Colvin, 780 F.3d 632 (4th Circuit 2015). In its decision, the Court stated that proper vocational consideration of a claim involving an individual with mental limitations requires comprehensive evaluation of the person's impairment on limitations in concentration, persistence and pace. The court pointed out that the ability to perform simple tasks differs from the ability to stay on task and only the latter limitation would account for an individual's limitation in concentration, persistence or pace. Simply limiting an individual to unskilled work does not take into consideration limitations in concentration, persistence or pace.

Contacting an attorney before collecting workers' comp is crucial

Readers of this blog should be aware of the fact that workers' compensation benefits can be critical to the support injured workers and their families receive after a workplace accident. However, before you decide that workers' compensation is the only or best means of financial support available, you would be wise to consult an attorney.

Just Because Your Employer Says You Are An Independent Contractor, Doesn't Necessarily Mean You Are

You've been hurt on the job, and now your boss tells you that you can't get medical treatment because you are not an "Employee." You might be tempted to believe your boss and try to find help elsewhere, but don't give up yet. Just because your employer says you are an independant contractor doesn't mean you are not an employee. 

Other Agencies Determining Disability

If another state agency has determined you to be disabled this must be considered by the Social Security Administration. Most often, this occurs when an individual is found disabled by the Veteran's Administration. It also applies to the disability income plan of North Carolina, the long-term disability for a retirement system established for teachers. An Administrative Law Judge must consider this as part of the adjudication process.

Local authorities aim to reduce NC pedestrian accident rate

Roadways are not just for motor vehicles. Of course, cars and trucks dominate most roads, but pedestrians and bicyclists also have rights and responsibilities to keep in mind. When everyone makes smart, safe decisions, pedestrians, motorists, bicyclists and everyone on the road is safer.

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