Yearly Archives: 2016

Medical Miles: Can I Get Reimbursed For Travel Mileage When I Visit My Doctor?

Medical Miles: Can I Get Reimbursed For Travel Mileage When I Visit My Doctor?

When you are hurt at work, workers’ compensation plans put the employer in charge of a lot of decisions. Because their plan is footing On the road.most or all of the bill, your employer directs your care. This may mean that you, as the injured worker, will be required to travel farther than you normally would to seek medical treatment. If you need to see a  specialist, it may be that he or she is not in your hometown, which also means traveling a distance.

What many people don’t realize is that medical miles can be reimbursed. As you travel to and from the doctor, be sure to log your miles so that you can receive payment for your expenses. Note that this only applies if the round-trip distance is more than ten miles from your home.

How is reimbursement calculated? The 2016 per mile rate is $0.54. Take your mileage and multiple it by that figure to see what you are owed. The rate changes every year, however, so be sure to take note of the new rate when logging 2017 miles.

If you use public transportation, rest assured your expenses are covered as well. Just keep track of the actual costs of your fare.

Finally, in some instances, it may be necessary to incur costs for overnight lodging and meals. These, too, are reimbursed within reason.

If you have additional questions about reimbursement for medical travel expenses, reach out to an attorney so that you have the support you need and the care you deserve. At Oxner + Permar, we care a great deal about our clients, and we’re always here to help.

When your employer’s workman’s comp plan states that you must travel outside of your town to visit a physician or specialist, be sure you take the necessary steps to cover your travel costs.

My Employer And The insurance Company Put Me Through The Ringer. Do I Get Money For Pain And Suffering?

Workers' Compensation

My Employer And The insurance Company Put Me Through The Ringer. Do I Get Money For Pain And Suffering?

I hear this question all of the time, and I understand my clients’ frustrations. When you’re injured on the job, it doesn’t take long for concerns to mount. You’re in pain. Out of work. You need treatment. And to top it all off, you feel like no one is on your side. When your employer and the insurance company aren’t cooperating and supporting you to the fullest extent of the law, it’s like putting salt on your already painful wound.

Angry young man, blowing steam coming out of ears, about to have nervous atomic breakdown. Negative human emotions, facial expressions, feelings, attitudeIf this sounds like your situation, you might be wondering if you can secure payments to cover your pain and suffering. Unfortunately, workers do not get payment for pain and suffering under the workers’ compensation laws. The purpose behind the Workers’ Comp Act was to make sure that injured workers received prompt medical treatment and benefits without having to wait until the end of their case. In order to make this happen there had to be a trade off, and the trade off limits what the employee can get from the employer by allowing the employee to be compensated for medical benefits and wage loss—only.

While you won’t be able to get money for pain and suffering, keep in mind that workers’ compensation is set up the way it is because of its ultimate goal: to make sure employees get the medical compensation and payment of wage loss much more quickly than in years’ past, and in time to make a real difference.

Could Your Heartburn Medication Be Causing Chronic Kidney Disease?

Dangerous Drugs & Devices

Could Your Heartburn Medication Be Causing Chronic Kidney Disease?

Nexium. Prevacid. Prilosec. What do you do when you have persistent heartburn? Take one of these pills (also known as a proton pump inhibitor), as prescribed by your doctor and recommended by the manufacturer. But there’s a problem, and it’s affecting millions of people. These pills are being marketed and prescribed for occasional bouts of acid reflux, but they are not intended to be a “lifestyle pill” used everyday by people who want to do things like eat a spicier diet. They are only intended for short term use. Even so, the companies have marketed them in a way that makes these pills seem like they should be taken all the time.

What are the side effects of over-taking proton pump inhibitors, or PPIs? The worst injury they cause is a condition called Acute Interstitial Nephritis. AIN is caused exclusively by drugs like PPIS or NSAID use, and it can lead to chronic kidney disease and end stage renal failure. There are literally millions of people all over the world who are being over prescribed and over-treating with PPIs, and it’s got to stop.

The drug manufacturers have been especially culpable, but until we as patients and attorneys stand up in support of more accurate marketing and perhaps safer manufacturing, change may come slowly. In the meantime, check your own medication (Are you taking it only occasionally? Are you showing any odd signs of side effects?)—and talk to your doctor about the hazards of over-taking these medications. If you think you might have have beChattanooga, USA - August 15, 2011: Prilosec Over The Counter (OTC) omeprazole magnesium delayed-release tablets. These 20.6mg acid reducer pills are used for frequent Heartburn.en wronged, contact Oxner + Permar so that we can help you determine the feasibility of a case.

What Are Proton Pump Inhibitors?

Proton pump inhibitors, otherwise known as PPIs, are medications used to treat heartburn. The most common of these are Nexium, Prevacid, and Prilosec, which have been both prescribed and given over the counter for years.

PPIs are designed to prevent excess stomach acid to relieve patients from heartburn and damage to the esophagus. Unfortunately, these medications also prevent the body from being able to absorb some of the nutrients that it needs, such as magnesium.  Without magnesium, kidneys cannot function properly.

What Are The Potential Injuries?

Unfortunately, long-term use of PPIs can lead to kidney failure in the form of Chronic Kidney Disease. Recent scientific studies have demonstrated that PPIs can increase the risk of kidney disease by as much as 20%-50%.

What Is The Legal Status?

Because of the nature and widespread use of PPIs, lawsuits are being filed all over the country. The lawsuits will take the approach that neither patients nor doctors were advised of the high level of risk associated with the drug. If you or a loved one has experienced the negative effects of a PPI, contact Oxner + Permar for a free consultation. We are always here to make wrongs, right.

What exactly is “Negligence Per Se”?

Personal Injury

What exactly is “Negligence Per Se”?

If you’ve been injured in a car accident, you may have heard the term “negligence per se” in regards to your case. Negligence per se is what is used to determine whether or not negligence directly resulted in your injury. This could include anything from texting while driving to speeding to reckless driving in hazardous weather conditions. In order to prove negligence per se you must be able to show that:

  • The plaintiff broke the law.
  • The law broken was written in order to prevent the type of injury you sustained.
  • You are the type of person the law was intended to protect.
  • Your injury is a direct result of the law being broken.

For instance, let’s say the defendant was texting while driving, which resulted in their drifting over the centerline and striking your car. If you broke your arm in the crash, it might be possible to prove negligence per se. This scenario fulfills all of these requirements.

First of all, the plaintiff broke the law by texting while driving. The second condition is fulfilled because the law against texting while driving is to prevent drivers from causing accidents because they are paying attention to their phone rather than the road. Third, other drivers fall under the category of people this law is designed to protect. And finally, breaking your arm in the crash is a direct result of their negligence.

It’s important to note that negligence per se can be used against you as the plaintiff as well. For example, if you were the one texting while driving when another vehicle struck you, they might be able to prove that your distraction was “contributory negligence.”  In other words, your texting hindered your ability to react to the situation effectively, putting you at some degree of fault.

If you have any questions about how negligence per se could affect your personal injury case, don’t hesitate to contact one of our experienced attorneys at Oxner +  Permar for a free 30-minute consultation.  

So You’ve Been Hurt at Work. Now what?

So You’ve Been Hurt at Work. Now what?

If you work in South Carolina and have suffered a work injury, you might be concerned about what you need to do to ensure that you’re being taken care of and that you’re receiving the benefits you need for a safe and speedy recovery. Don’t panic! There are two important steps that you must follow:

  1.     Report your injury to your employer.

The absolute first thing you need to do when hurt on the job is to inform your employer of the injury. The best policy is to make sure that there is physical documentation of your injury. File an accident report if you can. If your claim is related to an occupational disease be sure to keep evidence of doctors notes. You have 90 days from your accident or diagnosis to report your injury to your employer.

  1.     File a claim.

The next step is to file a claim. You have two years to file a claim for workers’ compensation; however, we generally recommend filing sooner rather than later. You don’t want to find yourself coming up against deadlines. In the event of the death of the injured employee their dependents (or parents if there are no dependents) are responsible for filing the claim.

If you have any questions about filing a claim or reporting your injury, don’t hesitate to contact an attorney. Oxner + Permar has the experience to guide you and make sure that you are taking the right steps to receive your workers’ comp benefits.

If you’ve been injured at work, be sure to report your injury and file your claim, these are the first steps to claiming the benefits that you deserve. Report of work injury