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Blog Category:

Social Security Disability

5/9/2009
Todd P. Oxner
Comments (2)

Workers Comp and SSD - Why not in NC?

There's a bill, co-sponsored by the chairs of the Labor Committees in the New York Senate and Assembly, which is working its way through the legal system that makes sense for permanently totally disabled workers.  Bravo to New York for realizing that people who are found by the federal governement Social Security Law standards to be permanently totally disabled should not have to go through the system to get workers' compensation benefits, since it's obvious that if you're permanently disabled you can't work -- even light duty at your old job -- nor can or should you look for another job.  North Carolina has not started this cause and it's a shame -- it's frustrating to clients, frustrating to attorneys and a waste of the Court's time.  The Federal judge has already determined that the person is fully disabled based on evidence-- how can that person go out looking for a new job?  Workers Comp rulings should look to what the SSA has already considered and ruled on.  There's a link, and it would save everyone a lot of time if it was brought to light in North Carolina.


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2 Comments to "Workers Comp and SSD - Why not in NC?"

I have committed previously about the North Carolina Workers Compensation Act but I would like to express further concerns.

I never thought my life would become interrupted by a work related injury. If you ask me, I never thought something like this would have happened to me. I'm not insinuating I'm invincible, but I was a young 29 year old healthy woman when my life took a major unexpected turn. I sit in disbelief about how much my life has changed and how I have to accommodate my disability. Honestly, I'm tormented each day of my life and I'm diligently fighting to remain strong and determined to overcome all the calamities, but it is an overwhelming and emotional journey in more ways than one.

This injury originates from a fall that I initially thought was no big deal because that's what I was told at the emergency room. I knew when I hit the floor I experienced great pain, but after consulting with the doctor he made me feel as if it was not a big deal; but that was not accurate. I remember him saying, "Ms. Hunter, now if you start having more problems you may need physical therapy." I'm thinking to myself it will be o.k. this pain will ease up and go away and I will be alright. Actually, it was a major understatement because who knew this injury would haunt me for the rest of my life and that I'd be faced with my worst fear and a drastic life change. Like I said before, this is a hard pill to swallow because I have numerous physical ailments as a result of this injury and its overwhelming. Actually, I feel as if I have no control over my body and its a scary feeling.

My life has become a nightmare and I followed all the necessary steps required of me under the law but I'm still fighting the system. I can't work and I find it ludicrous that I have to fight this battle when I'm the victim.
What happened to justice, fairness, and the rights of the people which is implemented in our social contract of the United States Constitution. I relive this trauma everyday through pain, I relive the torment and deception of my former legal counsel each day, and I have been forced to handle my own case because of his unethical conduct.

If it was not for my faith and determination to stand up for what is right I would not have made it this far. I get frustrated when I can no longer do the things I use to do. I believe what injured workers are experiencing is inhumane and a form of oppression. Practically, companies can take advantage of injured workers and get away with it. How ridiculous it this? I do not accept this merry-go-round of chaos where people are loosing their souls and suffering while the insurance companies are robbing people. This problem does not just affect the injured person it affects our families, our communities, anyone who works a job, friends, the economy, and the future of our children. I will not allow them to get away with destroying my life! Due to all the red-tape and chaos injured workers endure people have to rely on governmental assistance which is affecting the economy and tax payers dollars.

I think about the people I have met that have told me they could not fight this system of unfairness and hypocrisy, and I say to them I will carry the torch and be the vessel for injured workers. I tell myself each day not to allow what I see to hinder what I believe. It's my duty as it is every human beings duty to make this world a better place and for me it starts here. I will not allow the past or the present to destroy me. Some people say I'm wasting my time, but all I have is time. When I was determined to achieve my Paralegal Degree and Bachelor's in Communications/Minor English a single mom with two kids I made it, when my family hurt me I made it, when my former attorney sabotaged my claim I'm getting through this by the grace of God, when I cry myself to sleep every night bent over because of the pain I've made it this far, when I reflect on the old and the new me I tell myself you can make it, and I know God will never forsake me and He walks with me. Each chapter in my life has made me who I am today and although it seems I will never see the light at the end of the tunnel I have to keep the faith.

This travesty is a part of my life and although I'm in a wheelchair now I know that this battle is not over. It is desperately needed that the laws in North Carolina change because this issue has been overlooked for far too long. God Bless everyone that is going through this injustice.
Posted by Kizzy Hunter on January 4, 2010 at 12:56 AM
I was injured at work December 18, 2006 and I am still going through all the red-tape. Actually, my claim was denied although the company is saying I was injured at work. Workers Compensation in North Carolina is totally bias to injured workers. To me, it seems the Act is set in place for the best interest of the company and it does not look out for the best interst the injured employee. I have appealed the desicion before the full commission, but each day it is a battle for my health,sanity, my two kids, and finances. I am permanently disabled and I can't work. I don't want to give in to this unjust and manipulative system. I am representing myself because my former attorney mishandled my claim and then withdrew. This is a hard pill to swallow and I pray justice is served.
Posted by Kizzy Hunter on May 20, 2009 at 08:45 PM

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Social Security Disability

I was granted disability benefits at the hearing level, but I was wondering how long it will take for me to get a check.  My lawyer says I won, but I would like to know more about the timing.

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