…su estatus migratorio, no afecta la capacidad de recibir beneficios de compensación laboral?
No importa cuál sea su estatus migratorio, en el estado de Carolina del Norte si usted se lesionó o accidentó en el trabajo, usted tiene el derecho de comenzar una demanda de compensación laboral, lo que le proporcionará tratamiento médico, y cheques semanales por su tiempo fuera del trabajo.
Además, ni la compañía de seguro de su empleador, ni el abogado que representa a la compañía de seguro, pueden divulgar su información personal, como por ejemplo: al Servicio de Inmigración y Control de Aduanas de Estados Unidos (ICE, por sus siglas en inglés). Tampoco, existe el riesgo de que su empleador lo amenace con reportarlo a oficiales de inmigración, por el simple hecho de haberse lesionado o accidentado en el trabajo. Muchas veces, esto ocurre para evitar que usted presente una demanda en contra de ellos, porque saben que usted tiene ese derecho bajo la ley.
Are you thinking about applying for social security disability benefits? Or maybe you already applied and didn’t get approved. Either way, you may wonder how transferable skills affect your application. In fact, a question clients often ask is how to prove their skills are non-transferable.
This article will explain how transferable skills impact your ability to apply for social security disability benefits. It will also provide tips on how to maximize your chances of receiving these benefits.
A skill is defined as the knowledge of a task that requires judgment and is attained through job performance. The Social Security Administration (SSA) classifies the different skill levels of jobs as unskilled, semi-skilled, and skilled. These classifications are generally determined by how long it takes to learn the work and what that particular job requires.
Once the Social Security Administration determines the skill level of your past work they will use that to provide you with other jobs you might be able to do that meet the same (or lower) level of skill. This is what they mean by transferable.
Some examples of transferable skills are supervising or managing others, teaching, filing, clerical work, researching, technical work, and training. When determining whether a person has transferable skills, it will depend on if their impairments or disabilities affect their ability to perform those skills. If it does, then their skills will not be transferable. However, if it does not affect an individual’s ability to perform, then the skills can be considered transferable.
The SSA uses skills when determining if someone is disabled. They look at the type of work you did before becoming disabled and compare it to the types of work available in the national economy. If there are no jobs available that match your previous work, then the SSA will determine if you have transferable skills. If so, then they will consider using them to find another job that matches your abilities.
If you don’t have any transferable skills, then the SSA won’t even consider looking for another job for you. Instead, they will only pay you based on your current limitations.
If this happens, you should contact an attorney right away. You need to make sure that your skills are truly non-transferable. If they aren’t, then you could be out of luck. Your attorney will help you figure out which skills are transferable and which ones aren’t. Then, he/she will help you show the SSA why your skills are non-transferable.
Proving at your hearing that your skills are non-transferable may be essential, especially if you need to challenge the vocational expert’s opinion. An attorney who understands the transferability of skills under the Social Security Administration rulings and regulations can help with the cross-examination process during the hearing.
If you’ve been injured at work and have filed for workers’ compensation, then you’ve probably been asked to take a drug test. If a drug test for workers’ comp feels like a pointless invasion of privacy, don’t worry — we agree. Unfortunately, there’s nothing you can do to avoid this: it’s the law.
Workers’ compensation claims are often filed when workers suffer injuries at work. These injuries may be physical (such as broken bones) or mental (like stress).
When filing a claim, injured employees must prove that their injury was not self-inflicted. This means proving that the injury did not result from their own negligence. To help them prove this, employers may require injured employees to take a drug test.
What Does the Law Say About Drug Testing Workers?
Reasonable Suspicion
An employer must have “reasonable suspicion” that the employee has taken illegal drugs. Reasonable suspicion exists when the employer has specific facts that lead him to believe that the employee has used drugs. An employer cannot simply rely upon his personal opinion or speculation.
Before conducting a drug test, the employer must give the claimant written notice about the test. The notice should include information about how the test will be conducted and what the results will mean. It should also explain why the employer suspects that the employee has used illicit drugs.
The claimant must consent to the drug test before it takes place. If the claimant refuses to take the test, then the employer cannot force him to take it.
The employer must keep the results of the drug test confidential. He cannot share the results with anyone else unless the claimant waives confidentiality.
Of course, we don’t condone the use of illegal drugs or drugs that were not prescribed to you; however, that doesn’t mean we think the insurance company should be allowed to drug test you. In reality, there’s not much of a relationship between what you possibly took at a party two weeks ago, and how a coworker drove a forklift into you yesterday.
The scenario that we see more often than illegal drug use is people taking prescription drugs that aren’t prescribed to them. For example, if while waiting to see the doctor, you take some of your wife’s prescription painkillers, you could test positive for drug use. In that case, you could lose your right to benefits.
Taking someone else’s painkillers might not seem like a big deal, especially when you’re in a great amount of pain, but the reality is that it is illegal. Don’t put your case in jeopardy by taking medication that’s not prescribed to you.
If you’re concerned that a drug test may prevent you from receiving workers’ comp benefits, be sure to contact an experienced attorney. We can help you determine whether or not your case will be affected.
Just because your boss says you’re an independent contractor, doesn’t mean you are. In a workers compensation case, the court doesn’t really care what your boss has to say on the matter. They’re going to look at a few other factors. Read on to know how you can get workmans comp as an independent contractor.
Independent contractors (also known as freelancers) work independently, often remotely, and usually receive payment based on the number of hours worked rather than hourly wages. Employees typically work at a single location and are paid hourly wages.
Employees may be hired directly by a company or through a staffing agency. Independent contractors must find clients themselves and negotiate rates. They’re responsible for taxes, insurance, and any benefits provided by the employer.
Workers’ compensation insurance protects employees who suffer injuries at work. But independent contractors aren’t technically employees, so workers’ comp doesn’t apply to them.
That means that when an independent contractor suffers an injury on the job, he or she must pay out-of-pocket for medical expenses and lost wages. And because independent contractors often lack health benefits, they may not be able to afford these costs.
This problem is especially acute for freelancers and small businesses. They’re forced to shoulder the burden of paying for their own health care and lose valuable income due to missed days at work.
Long story short, whether or not you’re an independent contractor really comes down to how much control your boss has over you. For instance, does your boss set how, when, and where you work? The more control your employer has over these factors, the less likely you’re an independent contractor — even if you’re called an independent contractor in your contract.
Employers in certain industries are notorious for calling employees “independent contractors,” and because it prevents them from having their taxes withheld, many employees are happy to go along with it.
We often see sales representatives, construction workers, and truck drivers who believe they are independent contractors but actually don’t fall into that category when it comes to workers’ compensation.
The best thing to do is to speak with an experienced attorney. We can help you determine exactly how the Industrial Commission will view your position. Our experienced attorneys can also help you apply for workers’ compensation benefits and navigate all of the complicated aspects of workers’ comp law.
We know. We get it — and we agree with you. It’s absolutely ridiculous that the adjuster would demand this of you. Not only is it a huge pain, but it’s a huge invasion of your privacy. Nevertheless, the Industrial Commission routinely allows for this to happen. The question is why do you need to give your adjuster your medical records and is it truly necessary?
Adjusters request medical records because they’re required by law.
The reason they need them is first, they need to be able to verify that the person who was injured actually received treatment at the hospital where he/she claims to have been treated.
Second, they need to determine whether the injuries were sustained during work hours. This second point is important because most states require workers’ compensation benefits to be paid only when the injury occurs during working hours.
If the adjuster determines that the injury wasn’t work-related, he won’t pay any benefits. So, it’s important to keep track of injuries over the last ten years.
If the adjuster doesn’t ask for medical records, there’s no proof that the injury occurred. This means that the claim may not be paid out.
If you don’t turn in your records, your adjusters may not be able to determine whether you’re eligible for benefits. They won’t know if you’ve had any work done since the last filing, or if you’ve been injured at work recently.
They won’t know if you’re currently receiving disability payments, or if you’ve filed for Social Security Disability Insurance (SSDI) benefits.
And they won’t know if you were previously employed, or if you’re self-employed.
All these things matter because they affect your eligibility for benefits. So, if you don’t submit your medical records, you risk losing out on benefits.
The problem is, on paper, this sounds like a way for the adjuster to check for fraud. However, what the Industrial Commission fails to take into consideration is the human side of things. There’s no rule to prevent your adjuster from sharing your records with your coworkers. If this happened, it would be a huge invasion of privacy.
If you sustained a knee injury at work, why would the adjuster need to know if you’re taking birth control, or if you broke your arm five years ago, or if you have asthma? We do understand that they might need to know if you’d had a previous knee surgery before you were injured at work, but anything not related to your injury is unnecessary.
That’s why it’s important to us that we fight for our clients’ right to privacy. We make every effort to limit this horrible intrusion. Dealing with a workplace injury is difficult enough; you shouldn’t have to add worrying about your privacy.
