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.
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:
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):
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 true 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.
I often have clients who worry that their employer might not have workers’ compensation insurance. They aren’t sure what the requirements are for their employers. So it’s not uncommon that I get the question, “Is my employer required to have workers’ compensation insurance?”
Nine times out of ten the answer is a resounding YES! Generally, any employer who regularly employs four or more workers (either full-time or part-time) is required to have workers’ comp insurance and is not allowed to opt out of this requirement.
There are a few exceptions, however, and they are:
Although these employers are not required to carry workman’s comp insurance, any employer may purchase coverage. Therefore, regardless of who your employer is, it is always worth asking them if they carry workers’ comp insurance. You may find that you are in fact covered.
If you have specific concerns as to whether or not your employer should be carrying workers’ compensation insurance, don’t hesitate to ask an attorney. An experienced attorney, such as those at Oxner + Permar will be able to tell you specifically whether or not if you should be covered.
South Carolina summers bring with them extreme heat and extreme humidity. If you’re one of the many people in South Carolina who work outdoors, you know exactly how demanding the South Carolina summer can be.
As you might imagine, if you work outdoors you’re at higher risk for heat-related health problems, but what you might not know is that heat-related illnesses are in fact covered by workers’ compensation. If you’re involved in heavy physical labor, then you’re most prone to occupational diseases caused by working in high temperatures.
Heat related illnesses to watch out for are:
If you feel the symptoms of any of these conditions coming on while at work, take a break immediately. Find a cool, shady area to rest and rehydrate. If the symptoms are severe (such as seizures), call 911 immediately.
Even if you don’t think you’re experiencing these symptoms, if you work outdoors in high temperatures, be sure that you’re taking frequent breaks either indoors or in the shade—give yourself time away from the sun. Drink plenty of water to ensure that you’re staying hydrated and cool. Both of these measures can help prevent dehydration and heat related illnesses such as heatstroke. If you develop a heat-related illness, seek immediate medical treatment.
