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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.
Nursing Home Neglect
- Assisted Living Neglect
- North Carolina Assisted Living Neglect Attorney
- Ohio Grand Jury Dismisses Neglect Charges Against Nursing Home After Resident Breaks Neck, Dies from Fall
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
Dog Bite Attorney
- 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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General
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Injured workers can recover workers compensation benefits even when they are injured while outside of North Carolina
It is not necessary that an accident occur within the state of North Carolina in order for the injured worker to collect Workers Compensation benefits under North Carolina law. Neither is it a requirement that the injured employee be a resident of North Carolina.In order to recover for an injury that occurs outside the state of North Carolina the employee must meet one of the following requirements:
1. The contract of employment was made in North Carolina,
2. The employers principal place of business is in North Carolina,
3. The employee’s principal place of employment is within the state of North Carolina.
If the employee who is injured outside the state of North Carolina receives compensation or damages under the laws of any other state, North Carolina will not allow further benefits under North Carolina’s Workers Compensation Act, if such payment, together with the payment received from other jurisdictions, would amount to greater than the benefits allowed under North Carolina law for a worker injured in this state.
The North Carolina Court of Appeals has held that a truck driver who made 18-20% of his pick up stops in North Carolina and the balance of his pick ups being made in other states was entitled to full Workers Compensation benefits for injuries arising from an accident which occurred outside the state. The basis for the court’s holding was the finding by the Industrial Commission that the driver’s principal place of employment was within North Carolina. Also supporting the claim was the fact that the employee was a resident of North Carolina and conducted various aspects of his business including the receipt of assignments, storage and maintenance of trucks, receipt of paychecks, etc. in North Carolina.
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?