Yearly Archives: 2016

When a Workplace Injury Leads to Surgery

Workers' Compensation

When a Workplace Injury Leads to Surgeryhealthcare and medical concept , Close-up of surgeons hands hold

Things were going along fine, and then you suffered a workplace injury. Now you are wrapped up in a workers’ comp case and trying to figure out next steps. To make matters worse, the workers’ compensation doctor is recommending surgery.

Chances are, you have a lot going through your head.

Perhaps you don’t want surgery. Or, maybe you want surgery, but you would rather have the procedure with a doctor you know and trust versus the one recommended by the insurance company? Another common scenario is when the insurance company sends an injured worker to a second doctor, and that doctor recommends against surgery. Sometimes workers compensation decides not to pay for the procedure—even though you know you need it.  

The whole experience can be frustrating, confusing and nerve-racking, and all you are trying to do is get better and return to work. When a surgical recommendation is on the table, it is important to know your rights. At Oxner + Permar, we care a great deal about our clients. We want you to feel informed, listened to and supported. Call us to discuss your options so we can help you determine what may be the best course of action considering the particular circumstances of your case. It’s what we do, day in and day out, because we believe in making wrongs, right.

What You Need To Know if Your Work Injuries Cover More Than One Part of Your Body

Workers' Compensation

What You Need To Know if Your Work Injuries Cover More Than One Part of Your Body

If you’ve been hurt on the job and sustained injuries to more than one part of your body, it’s possible that the insurance company is paying for treatment to one body part but neglecting the other. For example, maybe you injured your neck and shoulder at work, but the insurance company is covering only shoulder treatment. It is important that you seek treatment for other injuries so that you don’t open yourself up to further complications and risk being out of work even longer.

But if the insurance company refuses to pay, what do you do? There is help; you just need the right team to help ensure your rights are protected.

At Oxner + Permar, we will work to get the full treatment you need so that all of your injuries are covered. With our support, you’ll be able to return to work feeling confident and back to 100 percent.

With a team of 27Basic CMYK attorneys who have won more than $275 million in awards and settlements, Oxner + Permar knows how to go after the insurance companies and beat them at their own game. The only people who don’t receive the total benefits they deserve are those who don’t stand up and get a team like ours on your side. We make wrongs, right.

What is Equitable Distribution?

Family Law + Divorce

What is Equitable Distribution?

One of the most important things to consider when going through a divorce is “what happens to our assets and debts?” The division of marital assets and debts is referred to as Equitable Distribution. Here “equitable” means fair rather than a 50/50 split, so it’s important to note that the court has discretion to determine what is equitable or not. It is also made without regard for child support or alimony.

When making an Equitable Distribution of property the court usually follows a three-step process:

  1. They classify property as “marital,” “divisible,” or “separate.”

 

  • Marital property is presumed to be all property acquired during the marriage by either or both parties and owned by either or both parties on the date of the separation.
  • Separate property is any property acquired before the marriage or after the separation by either party.
  • Divisible property accounts for passive decrease or passive increase in value of your marital property after the date of separation.

 

  1. They calculate the net worth of the property.
  2. They distribute the property in an equitable manner.

An Equitable Distribution must be filed before a judgment for absolute divorce is entered. (The judgment is entered when it is reduced to writing, signed by the judge and filed with the clerk of court). The failure to assert a claim for equitable distribution prior to the entry of a divorce judgment will bar the right to assert an equitable distribution claim except in certain narrow circumstances. Here are some factors that the court takes into consideration when determining whether the division is equitable (though this is certainly not an exhaustive list):

 

  • Your income, property, and liabilitiesHousing security safety mortgage finances saving concept. People exchanging house keys. Two humans on floor next to home symbol pass keyring.
  • Any obligations for support from a prior marriage
  • Duration of the marriage
  • Age, health (physical and mental) of both parties
  • Acts of either party to maintain, preserve, develop, waste, neglect, or devalue marital or divisible property after separation
  • Need of the parent who has custody of the children

 

Equitable Distribution is intended to ensure that your assets and debts are fairly divided during a divorce. If you have any concerns or questions, don’t hesitate to contact one of our experienced attorneys.

Is My Employer Allowed to Terminate Me Following a Workers’ Comp Claim?

Workers' Compensation

Is My Employer Allowed to Terminate Me Following a Workers’ Comp Claim?

Filing a workman’s comp claim takes courage, and I understand. Often, clients express concern that their employers might try to fire them. This is a natural worry for some employees. The good news is that typically, employers will not terminate an injured worker after he or she has been hurt on the job.

 

It is important to know, however, that based on North Carolina employment laws, filing a claim does not ultimately protect you from being fired—so it is trueemployee termination form on desk in business office showing job concept that there is a possibility you could lose your job. If an employer does terminate you, based on the filing of a workers’ compensation claim, there is a good chance that you have a viable retaliation claim against the employer. Make sure you have someone looking out for you and your rights—someone who thoroughly understands North Carolina workers’ compensation laws and how to make wrongs right if you’ve been injured on the job. Don’t feel intimidated into not filing the workman’s comp claim that you rightly deserve. With a team like Oxner + Permar, you’ll have years of experience and successful litigation on your side.

 

Throughout your employment, be sure to never give your employer a reason to let you go. Show up on time. Perform your job well. Address your supervisor in a professional manner. If you find that your employer does terminate you after you’ve filed a claim, remember: You don’t need to fight alone.

 

Take every precaution to prevent you employer from terminating you following your workers’ compensation claim—including hiring an attorney for support.

Viagra Users: How Well Do you Know the Potential Injuries Associated With “the Little Blue Pill”?

Dangerous Drugs & Devices

Viagra Users: How Well Do you Know the Potential Injuries Associated With “the Little Blue Pill”?

It’s hard to know how many men currently use Viagra, but it’s safe to say that a significant portion of the population takes this drug—yet many people are not fully aware of the potential injuries associated with it or that they may have a personal injury case on their hands.

So, what is Viagra? Viagra (sildenafil) is an oral medication used by men to treat erectile dysfunction (ED). Manufactured by Pfizer, and approved by the U.S.London, United Kingdom - October 28, 2014: A Viagra box with two tablets. Viagra is manufactured by the US drug and pharmaceutical corporation based in New York. Viagra is used to treat erectile dysfunction in men since 1998. Food and Drug Administration (FDA) to treat erectile dysfunction in 1998, Viagra has been prescribed to more than 20 million men. Often known as “the little blue pill,” Viagra is immensely popular and was the first oral medication used to treat erectile dysfunction.

What are the potential injuries? A recent study published by the Journal of the American Medical Association showed that men who use Viagra have an increased risk of developing melanoma, one of the most deadly forms of skin cancer. The long-term study began in 1986 and was led by Qing Li, Ph.D, of the Harvard Medical School-Brigham and Women’s Hospital. The study surveyed over 51,000 males who worked in the health profession. This is a significant risk factor to be aware of—and one about which that you should seriously consider contacting an attorney.

Why contact an attorney? Men who developed melanoma after consistent Viagra use are filing cases against the drug manufacturer, Pfizer. Since lawsuits are being filed in many different jurisdictions, these cases have been grouped together in a federal Multi-District Litigation (MDL). One federal judge is in charge of the litigation so that the common legal and factual questions can be decided more easily and consistently.

Why is it important to move quickly? Statutes of limitations in each state govern the amount of time each individual has to file a case. If your case is not filed by this particular deadline, you may be permanently prevented from recovering a settlement for your injury.

If you believe you have developed melanoma caused by Viagra, don’t delay! Contact Oxner + Permar immediately for a free consultation. We handle personal injury cases against pharmaceutical companies every day—and we win our clients thousands in settlement money.