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North Carolina Workers' Compensation
- Workers Compensation Rights Expanded for Injured Workers
- N.C. Court of Appeals creates new exception to the going and coming rule
- Workers' Compensation Vocational Rehabilitation Counselors: Seventeen Rules To Best Deal With Vocational Rehabilitation Counselors To Protect You And Your Family From Financial Ruin
Disability Insurance - ERISA Attorney
Social Security Disability
- Diabetes sufferers can collect social security disability benefits
- Alzheimer's and diabetes may be related.
- Diabetes is often associated with obstructive sleep apnea.
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Medical Malpractice, Hospital Malpractice, Professional Negligence
- A doctor and the parents of a 4-year-old face charges after the child died of a drug overdose
- Psychiatrist, Parents Face Charges in Drug-overdose death of Girl
- Mayo Clinic Alerts Patients to Online Drug Ordering
Accident Attorney
- A Dangerous Error: The Duke Medical System Hydraulic Fluid Case
- North Carolina Child Seatbelt Laws
- Five Technology Safety Systems Pinpoint Traffic Hazards
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- North Carolina Dog Bite Victim Attorney
- The Most Dangerous Dog Breeds – Bites, Mauls, and Deaths
- North Carolina Dog Bite Laws – What is the One-Bite Rule? What is Strict Liability?
Insurance Disputes
- United Policy Holders Supports Policy Holder
- Corporate Financial Liability Capped by Ohio Supreme Court
- Health-Care Provider Sues Rival for "Anti-Trust" Marketing
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Injured worker can not receive workman's compensation if they are injured because of intoxication or drug use.
INJURED EMPLOYEE CANNOT RECOVER IF HIS INJURY OR DEATH WAS CAUSED BY HIS INTOXICATION OR BY HIS BEINGUNDER THE INFLUENCE OF CONTROLLED SUBSTANCES.
If an injured worker is intoxicated or under the influence of controlled substances and if that intoxication or influence of controlled substances caused the injury, there can be no recovery for the injured or killed worker.
This does not mean that the worker who was intoxicated cannot recover for a workers' compensation claim. It is only when the employer can prove that the intoxication caused the injury that the employer can avoid paying the worker’s claim.
The issue of whether a worker’s intoxication was the cause of the injury is a fact issue to be decided by the North Carolina Industrial Commission.
One illustrative case involved an employee who was injured when his blood alcohol level was .387 soon after the accident. The Industrial Commission found that the employee’s intoxication was not the proximate cause of his injury sustained when his hand got stuck on a lumber conveyor.
In another case the Industrial Commission found that the claimant’s intoxication was not a proximate cause of an accident even though the claimant’s blood alcohol level was .11 to .13 at the time of the accident. In that case the worker had a preexisting mental and visual handicap and the equipment provided by his employer malfunctioned. His supervisor testified he did not smell alcohol on the claimant’s breath and that he felt perfectly safe in having the claimant operating the equipment.
North Carolina's Essential
Guide to Accident Cases
Ten Costly Mistakes
That Can Wreck Your
North Carolina Case
How to Get Top Dollar$
for Your Workers' Compensation Claim
If You Have A Workers' Compensation Claim, You Can Learn How To Deal With Your Employer's Insurance Company.
Quick Contact
Brent Adams & Associates
Raleigh, Fayetteville & Dunn, NC
Toll Free: 800-849-5931
Phone: 910.892.8177
Fax: 910.892.0652
FAQs
North Carolina Workers' Compensation
- To what benefits am I entitled if I am injured in a work-related accident?
- Who decides whether a claim will be paid if my employer refuses to pay voluntarily?
- How does the law define “disability”?
- If my work-related accident injures a part of my body which had previously been injured, can I still recover?
- If my employer is late in paying my weekly workers’ compensation benefits, what can I do?
Social Security Disability
Question: 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?
Question: 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?
- Should I file a claim for social security benefits?
General
- 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?