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North Carolina question
#1
Hello there, as stated in the thread title, I am located in NC. I have been out of work now for a little over a year and my injury took place after the Workers Comp laws changed here back in 2011. I have been working with Voc rehab people for the entire year. My issue is that I have been told that I can only take a part time job if it will lead to full time in the future. I have not had a single call back or interview and I have applied for hundreds of positions and attended job fairs. Where does it state anywhere that I can't take a part time job even if there is no indication that there is a chance to go to full time in the future? I would think they would want me to have some type of employment over none at all. I have had opportunities to take part time work and I am looking at a future opportunity that is well within my education and experience, but it will only be part time with no chance of full time. From everything I have read, I don't see anything that says I absolutely cannot take a part-time job. I have a lawyer and the only thing my lawyer will tell is the same thing, but he won't explain where that information comes from.


Thanks for your help.
 
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#2
of course, you can take a part time job. they can't fire you or terminate you or interfere with the employment contract between you and your employer.
what they may be actually saying is that you may lose your rights to some of your comp benefits if you do not adhere to it rules. if you are willing to accept the consequences then you can accept any job you wish.
accepting workers compensation benefits is totally voluntary and any injured can walk away from them at any time. you always have a choice as to whether to accept their treatment provisions or their disability benefits.
I suspect that accepting part time work would nullify your right to wage loss disability payments or that you will have to payback all your training and rehabilitation costs if your new position doesn't meet the goal that is required in order to obtain the benefits:
"the employee may request vocational rehabilitation services, including education and retraining in the North Carolina community college or university systems so long as the education and retraining are reasonably likely to substantially increase the employee's wage‑earning capacity following completion of the education or retraining program."

http://www.ic.nc.gov/ncic/pages/statute/97-322.htm


it may be economically very expensive for you accept part time work but it is not illegal and you have a choice.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3

Thanks for the response. I know the workers comp has to provide me with the vocational rehab until I find employment. Once I find any employment, then it is my choice if I want the VR or not. I think my VR person is telling me that so that he doesn't lose money since I will no longer be a client. My first VR person never said I couldn't work part time and even said a couple of times that I might have to settle for part time because of the job market. It wouldn't be an issue if my lawyer would actually explain why this is or give me examples. I keep getting "I think" or I be live so" when I have a question.

My understanding from reading the statutes is that they would still have to pay wage loss for the remainder of the 500 weeks. Also, there is nothing I see as far as part time work is concerned. The suitable employment part of the statute was removed when the law changed, so I just don't see how my benefits would be affected. I just want to know why they keep saying that or where it comes from. I just don't want to make a mistake that really hurts me. It is damned if you do, damned if you don't.




(09-09-2013, 11:53 AM)1171 Wrote: of course, you can take a part time job. they can't fire you or terminate you or interfere with the employment contract between you and your employer.
what they may be actually saying is that you may lose your rights to some of your comp benefits if you do not adhere to it rules. if you are willing to accept the consequences then you can accept any job you wish.
accepting workers compensation benefits is totally voluntary and any injured can walk away from them at any time. you always have a choice as to whether to accept their treatment provisions or their disability benefits.
I suspect that accepting part time work would nullify your right to wage loss disability payments or that you will have to payback all your training and rehabilitation costs if your new position doesn't meet the goal that is required in order to obtain the benefits:
"the employee may request vocational rehabilitation services, including education and retraining in the North Carolina community college or university systems so long as the education and retraining are reasonably likely to substantially increase the employee's wage‑earning capacity following completion of the education or retraining program."

http://www.ic.nc.gov/ncic/pages/statute/97-322.htm


it may be economically very expensive for you accept part time work but it is not illegal and you have a choice.

 
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#4
in laymans terms do you wanna be screwed now or later?
........I love cats, I just cant eat a whole one by myself......







 
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#5
(09-09-2013, 04:51 PM)jayne Wrote: in laymans terms do you wanna be screwed now or later?


Can you explain that for me? How can they screw me if I take part time work? Nobody can seem to tell me where it is written or even implied in the statutes that I can't take a part time job or even that I would lose some benefits by taking one. I know my TTD checks would be less because they would be paying the difference of loss wages, but I don't see anything anywhere that states this.
 
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#6
There will be no TTD once you return to work
 
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#7
(09-10-2013, 12:05 AM)dusty boy Wrote: There will be no TTD once you return to work

No.....you are wrong. Here in NC they will pay you 2/3 of your wage loss for up to 500 weeks if you return to work making less money. I am only looking for a reference to the part time work issue, not cryptic answers or irrelevant answers that are also incorrect.


 
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#8
most jerks won't get an answer here.
now I can see why you can't get a job and your own atty won't deal with you.
you're doomed.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#9
(09-10-2013, 11:20 AM)1171 Wrote: most jerks won't get an answer here.
now I can see why you can't get a job and your own atty won't deal with you.
you're doomed.


I wasn't trying to come off as a jerk, I just wanted some guidance. I thanked you for your response because it was thought out and insightful. I understand that there may be some financial consequences by taking a part time job, but no one wants to explain where I can find that information. You talked about the possibility of me losing benefits for not following the rules. Well, the rules as far as I know, are the general statutes. No where in the general statutes is this addressed.

Asking me if I want to get screwed now or later is not a helpful answer if they are not going explain what they mean.

Telling me that I will no longer get TTD checks is just plain wrong. I don't give out advice unless I know the facts and I would think that people would understand how someone could get a little testy when they are told something that is not true.

The only thing I asked for wasn't answered. Also, I have real good communication with my lawyer. We talk quite often and he actually checks up with me. He just doesn't seem to want to tell me where that info on p-t work can be found. I don't want to bug over that little issue when he has done a fantastic job for me. I know he is busy and has many other clents. That is why I came here. I never said he would not talk to me or deal with me.
 
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#10
it may not be a "written" rule WC is a lot of shadows and corner cutting. So you find a part time job that's great for you most of us like that it keeps us busy in mind and body right? But in the long run it hurts you even volunteer work can hurt you.Their lawyer will use it to say he can get 2 part time jobs and he is off WC and no settlement or any other medical is needed and just that quick your TTD is stopped. Many have been dropped for less. I don't know how else to warn you.WC is a world that is a cesspool of half truths
........I love cats, I just cant eat a whole one by myself......







 
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