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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The Most Dangerous Place to Work

You expect your workplace to be safe, especially since it’s where you spend most of your day. According to a recent study, healthcare is the most dangerous industry to work. This is especially sad considering these people spend their days serving others. Forty-five percent of workplace incidents occur in the healthcare industry, with more than 650,000 people falling ill or injured each year. Overexertion related to pulling, pushing, holding, carrying, and lifting remains the most common workplace injury, and is one of the top reasons that healthcare workers leave the industry. These workers often rank alongside manufacturers and laborers in terms of musculoskeletal injuries because of overexertion from handling patients. Weight, such as a 100 pound patient, would be lifted with mechanical support in other industries, but is often handled manually by healthcare professionals.

Manufacturing was commonly viewed as the most dangerous industry to work in, with risks of slip and falls, lifting injuries, and equipment malfunctions. However, the 152,000 manufacturing injuries each year are a small fraction of the yearly healthcare incidents. Despite this overwhelming majority, health care facilities received about 2,500 OSHA inspections while construction sites received around 52,000 in 2011.

No matter what industry you may work in, there is always a risk of injury or illness. However, it is third-party carelessness that can dramatically increase your chances of injury. All employers and individuals are responsible to uphold a certain duty of care not to put others at risk of injury or accident. According to the website of the Law Office of Bill Pelhan, duty of care can be breached in many ways including failure to safely maintain property or equipment, or selling a dangerous or defective product. If you were involved in a workplace accident because a third party has breached their duty of care, you can take legal action in order to receive compensation.

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The Consequences of Manufacturing Accidents

Jobs in the manufacturing sector have been growing, and with its growth also come many reports of workplace accidents. The increase of manufacturing workplace accidents proves that it is a very dangerous industry to work in, and thus requires as much safety precautions as any other industries. With the rise of the manufacturing industry, both employers and employees should review current dangers and risks that they are exposed to in their jobs in order to prevent any type of accidents.

Based on an article from the website of the law firm of Scudder & Hedrick, PLLC, the most common forms of accidents that occur in the manufacturing industry are equipment malfunctions, slip and falls, and lifting injuries. Amputations and even death can also occur in accidents from working in a manufacturing industry. These accidents not only cause devastation to the families of those involved, but also cost the company a lot of money.

Accidents in the manufacturing industry cause a significant impact on the business and the economy in general. Lost productivity from accidents has cost businesses $60 billion dollars every year, with total economic costs (for occupational deaths and injuries) estimating to $142.2 billion dollars in 2004. Even off-the-job accidents cause companies about 165, 000, 000 days of lost productivity. These workplace accidents really impact the manufacturing industry, and despite the claims of insurance companies presenting to compensate for the injuries and damages that has been done, these insurance companies are still businesses that need to minimize their own losses whether it is ethical or not.

Accidents are preventable; practicing proper safety measures and following the OSHA safety rules and regulations is the best way to ensure that everyone on the workplace is kept safe and well-protected. Tips like staying alert at all times, keeping a monthly meeting to update about workplace safety, activating employee-training programs, and even just keeping the workplace clean can all ensure that workplace accident, especially those in the manufacturing industry is avoided.

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