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
This issue was addressed by the North Carolina Court of Appeals in Jackson v. The Timken Company (2019). In this case the injured employee suffered a stroke at work. However, there was not sufficient medical evidence to prove that the stroke was caused by the injured employee’s work for the employer and based on this the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits. The injured employee then asserted a claim in civil court for medical negligence against the employer and the employer’s company nurse based on alleged negligent diagnosis and treatment for the injured employee’s stroke. The North Carolina Court of Appeals ruled that…Read More
This issue was addressed by the North Carolina Court of Appeals in Holland v. Parrish Tire Company (2019) In this case the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits based solely on finding of fact regarding the medical records for the injured employee’s injury. The North Carolina Court of Appeals, however, ruled that the North Carolina Industrial Commission must consider the testimony of the injured employee’s treating physicians and make findings of fact regarding this testimony when ruling on an injured employee’s entitlement to workers’ compensation benefits. Because this was not done in this case, the North Carolina Court of Appeals sent the case…Read More
In this article, you will discover: How long do SSDI benefits last after approval Whether SSDI recipients are eligible for Medicare benefits Whether you can work while receiving SSDI benefits Myth #1: Most People Get Denied SSDI Benefits Their First Time Applying That is not a myth. Thousands of people apply country-wide, and less than half are approved the first time. If you plan on applying for disability, don’t let that initial denial get to you. People who are often approved early on are older. They have severe conditions such as cancer. In most cases, the oldest and most unskilled workers are approved initially. Myth #2: SSDI Benefits Last Forever…Read More
This issue was recently addressed by the North Carolina Court of Appeals in Porter v. Goodyear Tire and Rubber Company (2024). In this case the injured employee was assigned work restrictions due to a work-related injury. The injured employee was performing a position for the employer within the assigned work restrictions, which did not pay the same pre-injury wages each week. The employer arguably had other positions the injured employee could apply for which may have resulted in the injured employee receiving the same pre-injury wages. The North Carolina Court of Appeals ruled that it is not enough for an injured employee to just compare The Pre-Injury Wages to the wages…Read More
The answer to this question is, sometimes. This issue was recently addressed by the North Carolina Court of Appeal in the case of Blackwell v. N.C. Dept. of Public Instruction (2024). This case dealt with an injured employee who due to her workplace injury was determined to be permanently and totally disabled from returning to any type of work in the future. The injured employee requested a lump sum payment for her future disability checks instead of continuing to receive the disability checks on a weekly basis. The North Carolina Court of Appeal noted that pursuant to N.C. Gen. Stat. 97-44, whenever any weekly payments have been continued for not less…Read More
