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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
Workman's Comp Claimants Should be Careful Not To Give Employers An Excuse To Be Fired
DO NOT GIVE THEM AN EXCUSE TO FIRE YOU
WHEN YOU RETURN TO WORK
You should use extreme caution when you return to work after any workers’ compensation injury. Be sure not to give your employer any reason to fire you.
It is possible that if you are terminated, the court will construe the conduct which led to the termination to have been a constructive refusal to return to work. In that case, you may not be able to resume collection of workers’ compensation benefits even if your injury prevents you from returning to your full duties.
One example of this risk is the case of a lady who returned to light duty work and was fired for alleged gross misconduct after she exposed her buttocks to two female co-employees. The court held that because of this silly conduct she , in effect, refused suitable employment and was denied any further workers' compensation benefits.
If the employer can show that an employee was legitimately terminated and that a non-disabled employee ordinarily would have been terminated under the same conditions, then the employer has created a rebuttable presumption that the employee’s misconduct constituted a constructive refusal to perform the work provided. Unless the worker can rebut that presumption, workers’ compensation benefits will not be payable.
However, the employee can rebut that presumption by showing that the inability to find or hold other employment is due to a work-related disability. Do not count on your ability to make such a showing, it will not be easy.
The safest course is to behave yourself in the first place and keep from doing anything that will give your employer cause to fire you.
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Videos
Automobile Accidents:
How Do My Previous Injuries From an Auto Accident Affect My Current Claim?
Will Slight Damage to My Car Affect My Personal Injury Claim?
Car Accident Passenger has Spine Destroyed - Paralyzed From Chest Down
Workers' Compensation:
What Happens When You're Injured at Work Due to a Third Party? NC Attorney Brent Adams Explains
What if Your On The Job Injury was Your Fault? NC Attorney Brent Adams Explains
Medical Malpractice & Negligence:
North Carolina Death Due to Botched Surgery
North Carolina Medical Malpractice: Cataract Surgery Gone Wrong
What Does a Patient Need to do Before Filing Suit in North Carolina?
Accident Attorney:
Secrets North Carolina Hospitals Don't Want You To Know
NC Injury Lawyer: Do You Use Health Insurance to Pay Accident Medicals?
NC Personal Injury Lawyer Explains Trip & Fall on a Jetway
Insurance Disputes:
NC Attorney Brent Adams Explains What Happens When There is not Enough Insurance
North Carolina Attorney Brent Adams: The Insurance Company is NOT on Your Side
NC Attorney Brent Adams: Don't Sign Anything From an Insurance Adjuster Before Talking to a Lawyer
General:
One Thing You Should Never Say After a Car Wreck
How Much Can You Receive for Your Personal Injury Claim?
What Medical Bills Can You Recover for Your Personal Injury Claim?
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?