Vincent Law Firm, P.C.Dare County Workers Compensation Attorney | Outer Banks Social Security Disability Lawyer2024-03-18T20:27:28Zhttps://www.ncworkerscompensationlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200598/2020/02/cropped-site-icon-v-32x32.jpgOn Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=476612024-03-18T20:27:28Z2024-03-18T20:27:28ZTemporary total disability explained
Temporary total disability benefits are available to workers who are completely unable to work due to their injuries. The workers must have medical evidence that they cannot return to work, even with restrictions or accommodations.
Payments are for 66 2/3% of the worker's average weekly wages. Under the law, there is a maximum weekly limit for payments, which may change annually and limit the benefit.
Workers can receive these benefits until they are able to return to work or until they reach maximum medical improvement. MMI is the point at which the employee's condition is unlikely to improve significantly with further medical treatment.
Temporary partial disability definition
Temporary partial disability benefits are available to workers who are back at work but are earning less than prior to their injury because they are not able to work at full capacity. The intention is to make up for lost wages while workers recover and transition back to full employment.
These benefits pay 66 2/3% of the difference between the worker's pre-injury average weekly wage and their current earnings.
Lost wage benefits do not become available until workers miss seven days on the job. The first seven days remain unpaid unless the employee misses 21 or more days in total.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=476602023-12-14T15:54:25Z2023-12-14T15:54:25ZThe duty of care of property owners
The concept of the duty of care governs a property owner’s responsibility for injuries to lawful visitors. That duty of care involves keeping a location safe for everyone on the premises.
As such, the owner must take reasonable steps to prevent accidents or injuries on their property. If a property owner does not take these steps and someone gets hurt due to that negligence, the court could hold the owner responsible for covering the injured person's losses.
Reasonable steps to keep a property safe
Properly maintaining a property often involves regular inspections to identify and address potential hazards promptly. Adequate maintenance, such as repairing uneven surfaces and promptly cleaning spills, is a common example. Additionally, installing proper lighting and signage to warn visitors about potential dangers contributes to meeting the duty of care.
Certain precautions may be specific to the type of property or the kind of business on the premises. For example, a construction site must implement barriers and signage to demarcate hazardous zones. The crew should also properly store materials and dispose of waste.
Hazards that fall outside of a property owner’s duty of care
On the other hand, the courts will not hold property owners responsible for unforeseeable or uncontrollable threats. For example, the owner is not responsible for acts of nature that injure a person on the property, such as a sudden storm or earthquake.
Also, owners are not typically liable for criminal activities by third parties on the property, such as theft or assault. Furthermore, when another party rents or leases the property, that person or entity typically assumes the responsibility of the duty of care.
However, if an owner’s negligence somehow contributed to a person’s injuries, the owner might still be responsible and owe damages. For instance, if a storm knocks over a tree that was already a hazard, a person who sustains injuries from the event might be able to argue that the owner is liable.
In all cases, a careful consideration of the facts after an accident on someone else’s property can help an injured person determine which parties are responsible.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=476592023-09-14T23:51:05Z2023-09-14T23:51:05ZGather supporting medical evidence
The foundation of any SSDI claim is solid medical evidence. Compile a thorough and up-to-date medical history that demonstrates your disabling condition. This should include doctor's notes, diagnostic tests, treatment records and any other relevant medical documentation.
Highlight functional limitations
Describe how your disability affects your daily life and your ability to work. Emphasize any functional limitations that prevent you from performing your previous job or any other substantial gainful activity. Be specific, too, in detailing how your disability hampers your ability to perform routine tasks and activities.
Include witness statements
If possible, obtain statements from friends, family members and coworkers who can attest to the impact of your disability on your daily life and ability to work. Their firsthand accounts can provide additional perspective and support for your claim.
Meet all deadlines
Adhere to all deadlines and requirements set by the U.S. Social Security Administration. Failure to do so may result in delays or denials of your claim.
The SSDI application process can be lengthy and complex, with the SSA reporting that just 31% of applicants had their applications approved between 2010 and 2019. Anticipate the possibility of initial denials, be persistent in pursuing your claim and remember you have the right to appeal a denied claim if need be.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475722023-06-07T19:24:42Z2023-06-07T19:24:42ZUnderstanding employment protection laws in North Carolina
In North Carolina, employees have certain safeguards in place to prevent unfair termination or retaliation after filing a workers' compensation claim. The Workers' Compensation Act prohibits employers from terminating or discriminating against employees solely because they exercise their right to seek benefits for a workplace injury or illness.
Prohibited retaliation: Protecting employee rights
It is important to note that filing a workers' compensation claim does not provide absolute immunity from termination. However, an employer cannot retaliate against an employee solely based on their workers' compensation claim. This means that an employer cannot terminate an employee or take adverse employment actions, such as demotion or reduced hours, as a direct response to the filing of a claim.
Legitimate reasons for termination
While North Carolina law provides protection against retaliatory actions, employers can still terminate employees for legitimate reasons unrelated to the workers' compensation claim. For instance, if an employee violates company policies, engages in misconduct or demonstrates poor job performance, the employer may have grounds for termination. It is essential to differentiate between a legitimate termination and one that is retaliatory in nature.
Proving retaliation
If an employee believes they have been wrongfully terminated or faced adverse employment actions due to their workers' compensation claim, they have the right to pursue legal recourse. To establish retaliation, the employee must demonstrate a causal connection between the workers' compensation claim and the adverse employment action taken by the employer. To do this, the employee can present evidence, such as timing, witness statements or documented retaliatory behavior.
While filing a workers' compensation claim does not grant absolute job security, North Carolina law provides important protections against retaliation and unfair termination. Employees have the right to seek benefits for workplace injuries or illnesses without the fear of losing their jobs.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475712023-03-16T19:12:16Z2023-03-16T19:12:16Z1. Attempts to prevent visits
If a nursing home staff member puts up resistance or blatantly declines your request to visit your loved one, either in person or over the phone, then something is clearly wrong. The National Consumer Voice explains that residents have the right to receive visitors at the time of their choosing, meaning that staff members have no right to decline visitors.
2. Demeaning remarks from staff members
Threats, gossip or other comments from a staff member regarding either your loved one or any other resident could be an indication of emotional abuse. It is possible they are making similar comments directly to residents and making their patients feel uncomfortable or even exploited.
3. Noticeable withdrawal
Perhaps the most alarming sign of all is when your loved one withdraws from you. A sudden lack of communication often indicates a deeper problem, such as a poor mental state or an unsafe environment.
It is important for your loved one to have a way to contact you from within the nursing home so that you can take action when they need you. If it becomes apparent that your family member is a victim of emotional abuse, it may be necessary to pursue legal measures.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475692022-12-12T20:37:41Z2022-12-12T20:37:41ZWhat is reconsideration?
As the name implies, reconsideration after an SSDI application denial simply asks for another review of your application. The process of reconsideration sends your application to a different team who review it as though it were an entirely new application, without any preconceived notions from the prior review. You can request reconsideration for up to 60 days following a denial.
Can you make changes for reconsideration?
If, after reviewing the denial, you see an opportunity to strengthen your application, you do have an opportunity to make those changes before you finalize the reconsideration request. If you address the denial reason when you make your changes, you may improve the chances of subsequent approval.
How do you handle reconsideration denial?
If you request reconsideration and receive a second denial, that is not the final determination. You can appeal the finding with an administrative law judge. The judge will review your application and the reasons for the denials.
Reconsideration plays a key role in the SSDI application process, especially as you learn to navigate the requirements and expectations. When you understand how reconsideration works and what you can expect, it makes the process less daunting. Read your SSDI denial closely and make the necessary changes for your reconsideration.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475672022-11-16T22:46:50Z2022-11-16T22:46:50ZWhere does your recovery stand?
The first thing to think about is where you stand in recovery. If you are still facing a long recovery time with ongoing treatment, it may be best to wait. A settlement offer you receive now often does not account for long-term recovery costs. If you have reached the peak of your recovery, you can consider the settlement offer more rationally because you have fewer outstanding recovery costs.
What must you sacrifice if you accept?
You may not realize that you forfeit your right to any further compensation by accepting a settlement offer. Should you suffer a setback in recovery, there would be no avenue for you to obtain any further compensation.
Are you uncomfortable with a trial?
A leading reason for injured individuals to accept a workers’ compensation settlement is the desire to avoid court. If you are uncomfortable with the idea of a trial and wish to settle the situation sooner, you can have an attorney help you negotiate a settlement.
Settlement offers are open for negotiation. As a result, you should be willing to push back if you feel the offer is unfair.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475632022-09-19T18:23:38Z2022-09-19T18:22:33Z1. Back and neck injuries
Even the slightest collision could lead to whiplash, a condition where the head and neck suddenly and forcefully snap forward. The symptoms may not appear for several days or even hours after the accident.
2. Burns
Commercial trucks carry an increased risk of burn injuries from a ruptured fuel tank or the freight igniting. There is a higher risk when the truck is carrying hazardous or combustible materials.
3. Brain and head injuries
Traumatic brain injuries are some of the most severe injuries brought on by a trucking accident. Any head injury could require surgery or rehabilitation and create lifelong disabilities.
4. Spinal cord injuries
The impact of a truck with a smaller vehicle at the high speeds of highway travel magnifies the amount of damage that occurs. Spinal cord injuries can cause paralysis to the torso or lower body that can either be temporary or lifelong. Spinal injuries can easily lead to permanent disability even after months or years of treatment and therapy.
When traveling down the highway at high rates of speed, out-of-control trucks or driver errors have the potential to damage more than one vehicle. It is the size and speed of trucks that also increase the severity of the injuries sustained.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475612022-09-15T21:18:44Z2022-09-15T21:18:44Zminimum of $30,000 in liability protection for one injured person in a single accident. However, your losses can quickly surpass the at-fault driver’s insurance limits. What are your options?
Filing with your insurer
You may be able to file a claim with your own insurance company, but it depends on what kind of additional coverage you have. If you elected medical payments protection, it pays medical expenses related to your accident up to the limits of your policy, regardless of who is at fault.
If you have uninsured/underinsured motorist coverage, you may also be able to file a claim using this component of your insurance policy. This protection covers the same damages as liability coverage, including lost wages and pain and suffering.
Filing a personal injury lawsuit
Another option you have in North Carolina is filing a personal injury lawsuit. This legal claim allows you to file a civil suit against the at-fault driver to pursue compensation for your losses. You have the potential to recover the full extent of damages not covered under insurance. The greatest challenge is this state’s pure contributory fault rule, which prevents claimants from collecting any damages if they have any liability in the accident, even if it is only 1%.
When a car accident results in severe injuries, the financial and health impacts are often devastating. Even if the other driver is at fault, you may need to explore multiple avenues to cover all your losses.]]>On Behalf of Vincent Law Firm, P.C.https://www.ncworkerscompensationlaw.com/?p=475592022-07-19T20:23:08Z2022-07-19T20:23:08ZIRS tax requirements
According to IRS guidelines, benefits become taxable when the individual receives additional income beyond the SSDI program. Other sources could include tax-exempt interest, dividends or spousal income. If this is the situation, benefits are taxable if the total of all outside income sources, as well as a percentage of the benefits, exceeds the following requirements:
Filing as an individual with a combined income between $25,000 and $34,000 could require up to 50% of benefits. An income of more than $34,000 could require taxing 85% of the benefits.
Filing a joint tax with a combined income between spouse and benefit recipients that falls between $32,000 and $44,000 could require taxing up to 50% of the benefits received. More than $44,000 could render 85% of the benefits taxable.
Those married filing a separate return may need to pay taxes as well.
Income threshold
The requirements to receive SSDI set the monthly income cap at such a low level that meeting the threshold is difficult. As the earning cap is $1,350, the IRS states that only about one-third of beneficiaries end up paying taxes.
Although SSDI is a social insurance program paid for through payroll taxes, there is the possibility that you will need to pay taxes on the benefits received from the program. Those eligible for social security disability benefits ought to consider the potential filing implications and plan accordingly.]]>