In this article, you can discover… The role of a vocational expert in SSDI hearings and why they are involved. Whether you can challenge the opinion of a vocational expert in an SSDI hearing. How to best prepare ahead of time for the vocational expert’s testimony. What Is A Vocational Expert In An SSDI Hearing, And Why Are They Involved In The Process? Vocational experts are brought in on the vast majority of Social Security Disability hearings. These are experts who have studied the labor force to determine which jobs are available and what their physical and mental requirements are. During your hearing, the Social Security Administrative judge will ask…Read More
In this article, you can discover… The role of a functional capacity evaluation in relation to your claim. Who performs these evaluations, and whether they are truly fair. How to prepare for an evaluation and the types of tests that may be involved. What Is A Functional Capacity Evaluation (FCE) In Disability Or Workers’ Compensation Cases? To get a better sense of how your injuries or disabilities might impact activities of daily living, your doctor may send you for a Functional Capacity Evaluation (FCE), which will involve some basic physical tests to determine your limits and give a baseline understanding of how well you can function. During FCE testing, you’ll…Read More
In this article, you can discover… Whether your employer can legally fire you after you file a workers’ comp claim. Whether demotions or shift charges are considered retaliation. How to report workplace retaliation, and when to consult an attorney. Can An Employer Legally Fire Me After I File A Workers’ Compensation Claim In North Carolina? North Carolina is a work-at-will state, which generally means an employer can fire you for any reason or for no reason. However, there are still rules in place that protect workers from retaliation, including retaliation for filing a workers’ comp claim. It is illegal for you to be fired simply for asserting your right to…Read More
In this article, you will discover: What you should consider when choosing a workers’ compensation attorney in North Carolina What you should expect during an initial consultation with a workers’ compensation attorney What are the most common questions prospective clients ask workers’ compensation attorneys What Should I Look For When Choosing A Workers’ Compensation Attorney In North Carolina? There are many considerations when someone looks for an attorney to help them pursue a workers’ compensation case. First, you want to ensure the attorneys you're speaking with have represented clients before the North Carolina Industrial Commission in the past. You also want to see that they've had some experience presenting their…Read More
In this article, you will discover: Whether remote workers qualify for workers’ compensation in North Carolina How to document your at-home injury for your workers’ compensation claim What to do if your employer challenges your claim for at-home injury as not being work-related Can Remote Workers File For Workers’ Compensation In North Carolina? Remote work does not relieve employers in North Carolina of dealing with workers' compensation claims. As a remote worker, you're entitled to workers' compensation. North Carolina Workers Compact covers all employees when the employer employs three or more people. This does not include independent contractors but regular employees on a payroll. As a remote worker, you can…Read More
In this article, you can discover… What is considered a pre-existing condition under workers’ comp law. How to prove your workplace aggravated a pre-existing condition. The best way to document the progression of your condition. What Is Considered A Pre-Existing Condition Under North Carolina Workers’ Compensation Law? For some context, to have a compensable North Carolina workers’ comp claim, there generally has to be what's called an “injury by accident”. This is an injury that was caused by unusual circumstances during work activity (such as equipment malfunctioning), and as a result of that accident, a serious injury occurs. Sometimes, a pre-existing injury (such as chronic back pain) is exacerbated by…Read More
In this article, you can discover… How “light duty” is defined in workers’ comp law. Whether your employer can force you to return to work after a workplace injury. The benefits of talking with an attorney before accepting light duty. What Does “Light Duty” Mean Under Compensation Law? The Department of Labor and the Social Security Administration define light duty very specifically. Namely, they define “light duty” as the ability to lift 20 pounds occasionally and being able to stand and walk for six hours of an eight-hour workday. In more general terms, “light duty” is typically understood to mean a less physically demanding work position offered to you by…Read More
In this article, you can discover… The mental health conditions that qualify for SSDI. The documents and resources you’ll need to prove your mental illness. How an attorney can help you overcome stigma and get the benefits you need. What Mental Health Conditions Qualify For Social Security Disability? Technically, any mental health condition diagnosed by a doctor that would leave you unable to work full-time could qualify you for SSDI. One of the difficulties that comes with trying to prove that you have been left disabled is that mental health conditions affect people in different ways. For example, take a condition like depression or anxiety. Such a condition might truly…Read More
In this article, you can discover… Important recent changes that have been made to Social Security Disability law. Whether 2025 eligibility changes will make it harder to qualify for SSDI in North Carolina. How an attorney can help you navigate these changes and any challenges to your case. What Key Changes Have Been Made To Social Security Disability Laws In The Last Year? In the last six months, there have been several changes to the Social Security Administration, especially with respect to staffing, overpayments, and how people interact with Social Security. For example, it used to be that if the Social Security Administration overpaid a claimant in error, they were…Read More
This issue was addressed by the North Carolina Court of Appeals in Lequire v. Southeastern Construction and Equipment Company, Inc. (2020). In this case the North Carolina Court of Appeals ruled that if an employee is injured while working in another State, the injured employee may be able to bring a workers’ compensation claim in North Carolina if there is evidence proving that the contract for employment was made in North Carolina, the employer’s principal place of business was in North Carolina, or the employee’s principal place of business was in North Carolina. Should you have any questions about this or any other issues involving your work-related injury, please feel…Read More
