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September 2015 Archives

North Carolina companies fined after fatal accident

Earlier this year, three workers were killed and one was seriously injured when scaffolding fell during the construction of a high-rise building in downtown Raleigh. The North Carolina Department of Labor recently fined three of the companies that were involved in that construction project.

Returning to Work

Under the Title II social security disability program for people who have worked and paid into the social security system, there are provisions for a trial work period after approval of benefits in which you can work for nine months and still receive your SSD check. There is also a grace provision for benefits for the first month of work activity and an additional two months, in effect enabling you to receive full benefits for 12 months after a return to regular employment. It is essential that the local social security office be notified when you are engaging in a trial work activity to ensure that you receive the maximum amount to which you are eligible.

Compensation for falling accidents

Construction workers in North Carolina face many dangers, including the risk of falling from a high place. Workers’ compensation is in place to protect you in these cases, and to ensure that you are financially covered while you recover. Due to the complexity of the laws involves, sometimes legal representation is necessary to get the compensation to which you are entitled after a construction accident.

Sedentary Work Activity

Under Social Security Ruling 96-9p in order to perform a full range of sedentary work activity, an individual must be able to walk and stand for a total of more than 2 hours out of 8 hour work day, stoop on an occasional basis and lift 10 pounds. The ability to do this on a sustained basis 8 hours a day, 40 hours per week in almost every case warrants a finding of disability. Obtaining this kind of assessment from treating physicians is one of the roles of an experienced social security disability attorney.

Misclassification of workers robs North Carolina taxpayers

When the economy is down and unemployment is up, many people are just glad to have work, whether as an employee or an independent contractor. Having an income is the goal, right? True, but when an employer misclassifies a worker as an independent contractor, the repercussions can have negative consequences in many ways other than cheating the worker out of benefits he or she should have.

Residual Functional Capacity - Part 2

A comprehensive residual functional capacity involves both exertional and non-exertional factors. Exertional capacity has to do with the seven strength demands: Sitting, standing, walking, lifting, carrying, pushing, and pulling, all of which must be evaluated. Non-exertional factors include: Understand, carry out and remember instructions, use judgement in making work-related decision, respond appropriately to supervision, co-workers and work situations, and deal with the changes in routine work settings.

Special workers’ compensation laws for public employees

In most cases, an employee who suffers a work-related injury or illness is entitled to receive workers’ compensation benefits. The benefits include payment for time taken off of work and compensation for medical bills. Essentially, the purpose of workers’ compensation laws is to provide a safety net for employees who are injured on the job. Government employees are covered by a special set of workers’ compensation laws.

What should I do following a workplace injury in North Carolina?

If you are suffer a workplace injury, it is comforting to know that North Carolina workers’ compensation will pay your medical expenses and lost wages while you are out of work. If your doctor recommends rehabilitation, that would also be covered under workers’ compensation.

Residual Functional Capacity

One of the most important decisions made in a social security disability case relates to what is your remaining residual functional capacity from both a physical and mental standpoint. Most doctor and hospital records focus on diagnosis and treatment. Social Security Administration is interested in what practical limitations are imposed by your conditions and the symptoms you experience. Providing the correct type of information regarding residual functional capacity is often the difference between winning and losing a social security disability case. An experienced social security disability lawyer can communicate with your physicians about these issues in an effort to obtain the information needed.

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