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Defective Drugs
- Faster Drug Approval: More Medical Error?
- Infant Tylenol Bottles Recalled
- Sepsis Drug Xigris Pulled From Shelves Worldwide Due to Ineffectiveness
Automobile Accidents
- Why You Should Change Your Steering Habits in New Cars
- Recall For 2006 Honda CR-V
- Steering Wheels That Prevent Collisions
Workers' Compensation
- What Happens When Your Employer Doesn’t Have Workers’ Comp?
- NC Kitty Litter Plant Up in Flames
- Clinton, NC Packing Plant Accident
Disability Insurance - ERISA
Social Security Disability
- Trial Work Programs for North Carolina Social Security Disability
- Limited Access to SSDI Causing Homelessness
- NC Lawyer Gives 3 Ways to Know if You Meet Social Security Mental Disability Requirements
Nursing Home Neglect
- NC Nursing Home Neglect Attorneys: Pick a Home for Wandering Seniors
- Nursing Home Burns Due to Meth Lab
- NC Assisted Living Center Infested
Medical Malpractice & Negligence
- Medical Error: Disfigurement
- Dementia and Car Accidents: Don’t Neglect the Elderly
- Misdiagnosed Flesh-Eating Bacteria
Accident Attorney
- Recall of LED Night Lights
- High School Football Brain Injuries on the Rise
- North Carolina Testing New Storm Rating System
Dog Bites & Animal Attacks
- NC Dog Bite Attorney: Postal Workers Risk Dog Attacks in Spring
- Dunn, NC Breed Ban Proposal
- Signs of Rabid Dog Attack
Insurance Disputes
- Preparing for Tornadoes in NC
- Tornadoes: Help With North Carolina Insurance Claim Problems
- Loans for NC Tornado Victims
Car collision claims
- Insurance Company Pays $1,675,000 for Death from Head On Collision
- AN EASY WAY TO GET MEDICAL BILLS PAID AFTER A CAR WRECK
Lender Misconduct
General
News
- North Carolina Lawmakers Consider Drug Company Lawsuit Immunity...
Posted on 5/25/2012 - Charlotte Woman Struggles after Social Security Disability Increase...
Posted on 4/24/2012 - Chapel Hill Bans Hands-free Cell Phone Devices...
Posted on 4/23/2012 - Reckless North Carolina Bus Driver Has License Suspended after Crash...
Posted on 4/22/2012 - Hickory Man Sentenced after North Carolina Nursing Home Death...
Posted on 4/21/2012
Library
Workers' Compensation
- Historic Lows: North Carolina’s Worker Injury & Illness Rates
- Understanding North Carolina’s New Workers’ Compensation Laws
- Injured Workers And Painkiller Addiction In North Carolina: A Growing Issue
- Speak Up About Your North Carolina On-The-Job Worker Injury In North Carolina!
- Dirty Detective Tricks: North Carolina Workers Compensation
How should a work comp claimant handle a demand by the employer to return to work ?
The demand by the employer that the workers' compensation claimant return to work presents a very dangerous dilemma for the injured employee.
It is beneficial for the employee to return to work.
The injured claimant earns more money at work than if he stayed at home and collected workers' compensation payments. Returning to work also boosts self esteem and makes the worker feel better about himself. Most all of our workers compensation clients had much rather return to work than stay dependant on North Carolina's workers compensation system.
On the other hand, if the worker returns to work before he is physically and mentally able to engage in suitable employment, serious damage could be done to the work comp claim.
If the work comp claimant goes back out of work after trying to do the job the employer may try to terminate workers compensation benefits and may fire the employee.
This concern is off set by the more likely consequence that if the injured worker does not show up for work, his workers compensation payments will stop.
The important thing that the worker should always do is show up for work. This is true even if he suspects that the employer may try to coerce the injured worker into working outside his restrictions.
North Carolina law provides that an injured worker’s benefits will be terminated if they refuse suitable employment.
You should never give your employer an excuse to terminate your benefits. If you are instructed to return to work, you should do so. This is especially true if the doctor has approved of your returning to this particular job. Failure to return to work will most likely result in the termination of your benefits. You may also be fired by your employer. It is better to show up at the job site, clock in and do nothing than to fail to show up for work.
If you are attempting to return to work with various work restrictions, (such as a 10-pound weight restriction with no bending, lifting, or stooping) you should be sure that your employer intends to comply with those limitations. While you should report to work as instructed, under no circumstances should you do work which is outside of the limitations established by your treating doctor.
You should keep a photo copy of your doctor’s return to work restrictions so that you can show them to any supervisor or boss in the event that they ask you to do work outside those restrictions. If your employer insists that you do work outside your restrictions, tell your employer politely that you would like to do the work however, your doctor will not allow you to do the work which is outside your restrictions. You should then call your lawyer at the first opportunity.
You should make it clear to your employer that you are willing to do any kind of work so long as such work is not outside of the work restrictions that your doctor placed upon you. Once your benefits are suspended or terminated, it is usually very difficult to have these benefits restored.
The point at which you are required to return to work is a very crucial stage in the progress of your workers’ compensation claim. You should not attempt to deal with this matter without the assistance of an experience workers’ compensation lawyer.
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Videos
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Insurance Disputes:
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FAQs
Workers' Compensation
- Will I be followed by a private detective after I make my workers compensation claim?
- Should I settle my case without the assistance of an experienced NC workers compensation lawyer?
- Are the vocational counselors assigned to injured workers by the insurance company interested in my welfare?
- How do you file a complaint with the North Carolina Department of Labor?
- If my doctor assigns me work restrictions which limits what I can do at work such as the amount of weight I can lift and whether I can bend and stoop, should I work outside of those restrictions when I return to work?
- Am I entitled to a second opinion on the issue of the nature and extent of my disability by a doctor of my choice?
- What is my workers’ compensation rate or my “comp rate”?
- Can I recover money for my pain and suffering involved with my on the job injury?
- Am I entitled to a jury trial to decide my workers’ compensation case?
- Is it necessary for me to be a United States citizen in order to collect workers’ compensation benefits?
Social Security Disability
- How can I get Social Security disability in North Carolina?
- How do I apply for Social Security disability in North Carolina?
- I live in Raleigh, and I'd like to know what is Social Security disability?
- Should I file a claim for social security benefits?
- I am only in my 20s. Last month I received personal injuries in a vehicular accident and am now unable to work. Is there a certain age I must be to receive benefits from Social Security disability?
- I'm receiving benefits from Social Security disability for myself, my wife and my son based on my severe disability. I also have a daughter by my ex-wife who used to receive child support from me when I was still able to work. Now that I'm disabled, can my daughter receive benefits too?
Veterans Disability
General
- Do I have to pay income tax on amounts I recover from my personal injury claims?
- Q: I haven't worked with asbestos for twenty years. Do I still have a workers' compensation claim if I get sick?
- Do I have a claim against the manufacturer of the asbestos products that caused my disease even if I as exposed long ago?
- What if I was injured by exposure to asbestos in my home? Do I have a claim if I never worked with asbestos? What kind of products should I worry about?
- Do I qualify for disability benefits under my union pension plan?
- How do these claims work together? Can I get all of the benefits at the same time, or do they offset each other?