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Charlotte North Carolina Legal Blog

Can I get both Social Security and workers' compensation?

This blog has discussed what injured or ill Charlotte, North Carolina, workers can do if they find themselves disabled and, as a result, are unable to return to their line of work. One option they have is to seek disability benefits through the Social Security Administration.

In addition to disability benefits, those who are injured or get sickened while on the job can draw workers' compensation benefits through this state's workers' compensation system. Both disability and workers' compensation can go a long way in helping an injured or ill worker stay financially afloat, even if she can no longer hold down a job on account of her condition.

Why was my workers' compensation claim rejected?

To determine why a particular workers' compensation claim was denied it is important that a Charlotte resident seek the counsel of an attorney familiar with their case. This post will address some general reasons why claims of this nature are rejected, but specific information about unique cases should not be pulled from the information contained herein.

One reason that a workers' compensation claim may be denied is if the worker's harm was caused by their own intentional or reckless actions. Workers' compensation is intended to compensate individuals who suffer losses while performing their job duties as required to by their employers. If a worker fails to follow their employer's safety plans and acts in a way that causes them to suffer harm, then their injuries may not be covered by workers' compensation.

What is negligence?

There are words in the English language that are easy to identify but challenging to define, and "negligence" is one of them. A North Carolina resident may feel confident that they can pick out acts of negligence when they see them but may not be able to say exactly what it means to engage in negligent conduct. This post will discuss negligence in the context of personal injury lawsuits and should not be used as legal advice.

Negligence generally occurs when someone fails to meet the duty of care they owe to another person. While certain relationships have special duties, for example the relationship that a doctor has to their patient, in many circumstances a person owes others a duty of care to act reasonably given the circumstances present. This can mean following traffic laws while driving or maintaining their property so that visitors are not harmed by existing dangers.

Tips for using your will to give to charity

It’s hard to imagine giving up all of our assets during our lifetime. But it’s important to consider how they’ll be used once you’re gone. While it might be important to make your family is provided for after your passing, you may have room to give to others who are in need too.

Here are a few ways your will can help you make a difference for others even after your gone through charity.

Insurance company shows how long compensation battles can last

While companies and organizations do care about the personal safety of their workers, some can show their true colors after a worker receives a major injury on the job. While it is necessary for North Carolina companies to have workers’ compensation to financially aid their employees after an accident, that does not mean they will not try to find ways to hold back on what the workers rightfully deserve.

Even after you win your initial case and the court determines how much coverage you will receive; some companies will still not settle with the results and may try new methods to prevent you from getting maximum coverage. You can see a drastic example of this through the actions of a rogue insurance company in Greensboro.

Defining disability for Social Security benefits purposes

When a Charlotte resident suffers an injury, they may need a few days to recover from their pain and to rest before they resume their normal activities. If they incur their injury while doing their job, then they may be entitled to pursue workers' compensation to help them through their time off from work. However, if their injury or ailment is so severe that they cannot return to work, they may have options for seeking disability benefits from the Social Security Administration.

Getting Social Security disability benefits requires an applicant to prove that they are disabled. The agency utilizes its own definition for the term, and that definition has two parts. The first part concerns the ailment that the applicant suffers from, and the second part concerns the duration of time that the ailment will last.

We are dedicated to helping personal injury clients

What could be a more routine action for people than going shopping? Usually the only damage people in Charlotte suffer from this is to their wallets. Still, many people suffer personal injury as a result of the experience, either from unsafe conditions at the store itself or unsafe products bought there. When another party's negligence is the cause of an injury, it may be possible to recover compensation from that party for any damages suffered.

A few weeks ago, we told you about a major furniture retailer that recalled a glass ceiling lamp after getting reports of injuries suffered after the lamps detached from ceilings and fell. Nearly 20 incidents of falling glass lamps have occurred, and minor injuries have been reported. Hopefully any more defective lamps will be replaced before they cause serious injury or death.

What are Social Security Disability GRID rules?

The Social Security Administration has composed what is known as the "blue book." In it, a person can find listings of all qualified medical conditions and corresponding criteria that must be met in order to be approved for Social Security Disability. However, many claimants do not present with circumstances that qualify for approval based on medical conditions alone. This does not mean that a claim cannot be approved, but rather that it must be put through a medical-vocational qualification process known as GRID rules.

GRID rules provide a set of guidelines through which a disability claim can be assessed as a whole, as opposed to assessing it based on medical conditions alone. Other factors to be considered are a claimant's age, vocational profile including education and acquired skills, and whether any of those skills would be transferable to lighter jobs. In addition, a claimant's residual function capacity will be taken into account.

Why timing is essential in workers’ compensation claims

Working in a warehouse or utilizing dangerous equipment may have you avoiding obstacles and hazards during your work day. Your risk of injury to your hands and knees is high when you use a strenuous, repetitive motion daily, or your job requires you to operate heavy machinery. You worry that you may face a serious accident on the job.

Luckily, you know that your employer holds workers’ compensation insurance, and you will have the opportunity to receive reimbursement for your expenses due to your medical care or loss of work. Many workers do not know, however, that they only have a specific amount of time to file for workers’ compensation to receive benefits.

Ikea ceiling lampshades cause injuries

Furniture giant Ikea has announced a recall on lampshades. Specifically, the company is recalling its Calypso glass ceiling lamps, which have been known to detach from the ceiling and fall. Since the lampshades are glass, this defect causes potential laceration and blunt force trauma concerns for consumers, according to the U.S. Consumer and Product Safety Commission who issued the recall notice. These products were sold from August 2016 through July 2017.

So far, Ikea has been made aware of some minor injuries sustained by 19 customers. The company has offered full refunds or new lamp replacements to those consumers.

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