Long Term Disability Pay in NC

Although most people romanticize about winning the lottery and living off of the interest once it’s put in the bank, the truth is that most of us will quickly grow tired of not working or having a set schedule from day to day. Of course, this becomes even worse when you have an injury that leaves you permanently disabled and unable to work for a long period of time, particularly because most people who become disabled have not won the lottery, and have no other money to live off of. This is why long term, permanent disability pay is so important. The law regarding disability pay in North Carolina is complicated, but it could be improved to at least acknowledge those with severe mental health issues. None of us can look into the future, and something like this can happen to anyone.

According to the North Carolina Industrial Commission, there is a distinction between a “permanent disability” and a “permanent impairment”. A permanent impairment is a purely medical condition, while a permanent disability is a medical condition in addition to inhibiting or reducing one’s ability to hold gainful employment. This is an important distinction, but unfortunately, the line becomes blurred when discussing mental illnesses. Do they qualify as an impairment, an “anatomical or functional abnormality”? The site also claims that a permanent disability is a damage or loss “to a part of the body”. If the brain is a part of the body, then debilitating mental illness ought to qualify as well. The guidelines set by the industrial commission proceed to lay out the basis for determining disability status for nearly every body part. The amount of disability compensation follows a complicated calculation that takes into account the percentage of damage done to certain extremities (each with their own multiplier based on how important they are for industrial work), and whether, after the maximum amount of rehabilitation, the disability is still present. Then, it is also important to note the even further subdivisions, which is whether the permanent disability is “partial”, whether the hearing loss occurred, and whether or not teeth were lost. There are even separate calculations used for determining the amount of compensation awarded for the amputation of limbs.

The law covering long term disability pay in North Carolina takes such a long time to parse out that worker’s compensation lawyers in Raleigh are becoming more popular. While it is easy to understand that complicated systems ensure that not a single cent of limited government money is wasted when handing out disability pay, it fails to take into account any mental trauma that may have resulted from these injuries or the events leading up to the permanent disability. However, some companies may use the fact that the law is so complicated in order to hold back the proper amount of disability pay. In cases like these, getting a third party involved can help ease the financial burden.

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Workplace Injury

According to the website of the Law Offices of Jeff Benton, employers are responsible for maintaining functional and safe work environments for their employees. The importance of this responsibility multiplies exponentially when the work premises require the usage of specialized, potentially dangerous, machinery. Businesses that commonly deal with specialized machinery are construction companies, oil companies, and transportation companies. These industrial habitats require that employees display excellent knowledge of particular machinery and adhere to safety protocol when managing equipment.

The Occupational Safety Health Administration (OSHA), a division of the United States Department of Labor, advocates for workers health and safety. OSHA has passed some standards that protect workers who experience injury, like amputation or head and spinal cord trauma, while at the workplace. In addition to helping workers that experience injury, OSHA advises employers to safeguard the workplace. Upkeep of equipment, structural maintenance, and hazardous chemical storage are all precautions that employers must be sure to make in order to protect employees and the company. OSHA inspects industrial workplaces in order to determine amendments that employers need to make in order to create safer environments.

However, sometimes due to negligence or in attempts to save money, employers don’t maintain safe working conditions. This can leave the employee extremely vulnerable if they’re operating a defective machine or working in close proximity to volatile chemicals. When a Florida worker was trapped in a machine and lost his arm at the elbow, OSHA inspected the company grounds and administered 14 violations to the company, Prologix Distributions Services-East LLP. In the event of a catastrophic workplace injury, like an amputation, the victim is entitled to financial compensation from the employer. In addition to money lost from missing work and hospital costs, a serious injury compromises the quality of the injured workers job prospects.

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