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Charlotte North Carolina
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Recent court decision highlights scope of workers’ compensation
Most people associate workers’ compensation benefits with injuries suffered in a workplace accident. Fewer people might associate a claim under the North Carolina Workers’ Compensation Act with compensation for being wrongfully convicted in a criminal case, but that issue was recently in front of the Court of Appeals. As it…
What is a Severe Impairment?
Social Security Ruling 96-3(p) states that impairment is considered severe if it “significantly limits an individual’s physical or mental ability to do basic work activities.” To be “non-severe,” an impairment must be a slight abnormality that has no more than a minimal effect on the ability to do basic work…
Substantial Gainful Activity From Self-Employment
Social Security Ruling 83-33 provides that work will be considered substantial gainful activity if it meets one of three tests: 1) Rendering significant services to or receiving substantial income from a business; 2) Comparing the work to perform to that unimpaired people in similar business or occupations; 3) What is…
Several workers’ comp violations reported in North Carolina
If you’ve picked up a newspaper or watched the news recently in North Carolina, you have likely seen reports of several ongoing investigations into violations of workers’ compensation laws by area employers. These probes are in progress while the North Carolina House of Representatives is holding hearings on fraudulent employee…
Steps in Determining Disability
In evaluating whether an individual is disabled, the Social Security Administration applies what is called a sequential evaluation process. The first step is to determine whether the person is engaging in substantial gainful activity. Simply stated, this means earning too much money. If so, the claim is denied. If not,…
Social Security Disability in cases of permanent disability
People normally associate an on-the-job injury with workers’ compensation benefits. Social Security Disability is another government benefit program that is available to someone prevented from working due to an injury or medical condition. Unlike workers’ compensation that would pay a Charlotte, North Carolina, worker who is partially disabled due to…
May I choose my own doctor when receiving workers’ compensation?
Most employees in North Carolina are covered by workers’ compensation insurance for workplace injuries and work-related occupational disease. Workers’ compensation benefits for medical expenses, lost wages and disability are payable without the necessity of a lawsuit against an employer. One of the tradeoffs associated with workers’ compensation is limitations it…
OSHA woefully deficient in preventing toxic exposure to chemicals
The Occupational Safety and Health Administration was created to protect workers from hazardous conditions in their jobs. But due to numerous changes in the workplace since the agency was created in 1970, as well as pressures from special interest groups, OSHA is failing to protect many workers from common workplace…
The top workplace hazards
Workplaces, from a high-rise construction site to a cubicle office, are meant to be safe for workers. While some jobs may require a harness and hardhat to ensure protection, no employee should have to deal with an unsafe working environment. In fact, that’s why OSHA exists: to make sure every…
Medicare
A social security disability claimant (other than those on kidney dialysis or suffering from Lou Gehrig’s disease) must wait 24 months from the date disability benefits commenced before becoming Medicare eligible. If the individual is eligible for any retroactive Medicare benefits, this information will be included in an Award Certificate…
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