I’ve spoken with clients who said they were nervous about contacting an attorney because they didn’t know if their case fit into the kinds of cases we typically take on. The truth is, we represent all kinds of workman’s comp cases. In order to give you an idea of what kinds of cases we handle, I thought I’d share one that we’re working on now.
I have a client who was traveling for work out of state — he travels for the company whenever there is a need for temporary drivers. The trip required an overnight stay, so his company put him up in a less than clean hotel room. While unpacking his suitcase, he stubbed his toe on the bed frame.
Stubbing your toe is never fun, but things went from bad to worse when my client’s toe injury developed an infection. As a result his big toe ultimately required amputation. Naturally, my client filed for workers’ compensation; however, his claim was denied.
Now we’re currently working with him and waiting on a hearing. However, unfortunately for our client, in the time that we’ve been waiting, he developed an infection at the amputation site and has now lost his leg from the knee down. Our client deserves compensation for the medical treatment and medication that he’s received. We’re fighting to ensure that his rights are protected.
Struggling with a mental illness is a serious issue. If you’re someone living with a mental illness such as depression, OCD, anxiety disorder or bipolar disorder, then you know it can be a huge strain on your job as well as your personal life. Mental illnesses are often just as serious as physical ones. Fortunately, if you suffer from a debilitating mental illness that makes it difficult to perform your job, you can apply for social security benefits.
However, many people run into a significant challenge: It can be much more difficult to prove to a court the effects of a mental illness as opposed to a physical one. Today I want to share a few tips to keep in mind when applying for social security:
Proving to the court that you have a history of coping with your mental illness is a good way to demonstrate not only the effects of the illness, but also your desire to get better. This will help your case tremendously.
With any disability, the court wants to see that you’ve have sought an expert opinion. A psychiatrist or psychologist will have the training and expertise to give the court a solid basis on which to form their decision.
In order to be approved, not only will you need a diagnosis, but it will need to be a recent one. Remember that in the State of North Carolina, you’ll need to have seen a doctor within in the 90 days before you file.
Not only does taking your medicine show your interest in improving your condition, it also allows the court to accurately assess your mental health. They want to be able to evaluate your mental state while receiving treatment.
If possible, it’s recommended that you submit your school records while filing for long term disability. This will allow the court to get a more complete view of your mental history. For instance, they’ll be able to assess previous testing you took, as well as show difficulties you may have struggled with in the past.
As with any case, the best thing you can do is to follow the advice of your attorney. They will be able to instruct you on what you need to submit and what you need to do before filing. At Oxner + Permar, we provide free, 30-minute consultations, so If you have any questions don’t hesitate to contact us.
In this day and age, we share everything online. Social media makes it so easy to connect with friends and family. Whether it’s birthday wishes or photos with friends, there are all sorts of ways to share our thoughts and feelings and keep in touch. For the most part, sharing things on social media is pretty harmless. However, this is not always the case when you’re in the middle of a workers’ compensation case.
What you might not consider is the fact that defense lawyers and insurance carriers may try to look you up on Facebook, Twitter, or any other social media accounts you might have. They will look for evidence that you’re not really as injured as you claim to be. This evidence could be something as simple as a photograph of you out with your friends, especially if you’re doing something physical like dancing or swimming.
The best policy is to simply deactivate your Facebook (or other social media) account until after your trial. At the very least you should set your social media settings to private. Don’t post pictures of things that could be incriminating. For instance, if you post vacation pictures of yourself lying out on a beach when you’re supposed to be recovering, the defense will most likely call this into question.
It can be hard to break the social media habit, but I promise things will be better if you take the plunge and deactivate your social media accounts until after your case has ended. Definitely better safe than sorry!
If you’ve been keeping up with our blog, then you probably know that Johnson & Johnson faced some substantial cases last year. In fact, the company has been engaged in six of the seven biggest product defect cases of 2016. And the verdicts did not play out in their favor. They are likely to end up losing millions of dollars as a result.
Johnson & Johnson started 2016 off with their first major case involving a defective blood-thinner, Xeralto, which caused uncontrollable bleeding in some patients. They also were involved in two major defective hip implant cases and two cases involving talcum powder and ovarian cancer. The sixth case was over their drug Risperdal, which caused the boys who took it to develop female breasts. In all 6 of these cases, Johnson & Johnson was forced to settle for anywhere from $55 million to $1 billion.
The important thing about cases such as these is that they can end up becoming more and more expensive for a company, even after the cases have settled. Many people worry that they won’t be able to stand up in court to a big company such as Johnson & Johnson. However, once they see that someone with a similar case has been successful, more and more victims start stepping forward.
Everyone who’s been wrongfully harmed by a prescription drug or medical device that was supposed to help them deserves to have their case heard and to be rightfully compensated. If you’ve been injured as a result of a faulty product, don’t hesitate to reach out to an experienced attorney like the caring and determined team members we have at Oxner + Permar. We can help you stand up to the big corporations and get the benefits you deserve.
In our current political climate, it’s a particularly scary time in the United States for immigrants. With tightening laws and crackdowns on immigration, many people are concerned about their status and residency.
While we do not handle immigration law, we’ve reached out to an immigration attorney for advice on what to do if you’re confronted about your immigration status as well as ways to protect yourself and your loved ones should your residency status ever be questioned.
Being confronted by an official can be very stressful; however, it’s important that you remain calm and answer questions honestly. Lying can make your situation much worse.
If you do not have a North Carolina driver’s license or ID card, you should be able to use your unexpired passport.
False documents are worse than no documents. It’s not worth the risk.
If you entered the U.S. lawfully, keep your I-94 form and any other evidence you might have on you at all times. If you entered without inspection (EWI), keep evidence of at least two years of continuous physical presence either with you or in your vehicle.
This will allow you to call your lawyer at any time, should you need to. And remember, you have the right to remain silent. You do not need to answer where you were born or how you arrived in the United States.
ICE may present you with a paper waiving your right to a hearing before an Immigration Judge. If you’re unsure what you’re signing or why you’re signing it, do not sign.
This folder should contain documents that show you have citizen or resident relatives as well as your own continuous physical residence in the United States, property ties, employment, documentation of any disability or medical condition, and prior immigration documents. You should keep this folder with a trusted family member or friend who has lawful status in the United States.
If you’ve been charged with a crime, obtain the records. Get certified copies of the charging document and disposition document, including a copy of any deferred prosecution agreement. If the record has been destroyed, you will need to get a letter from the Clerk of Court with a raised seal stating that the record has been destroyed. Keep these records with a trusted family member or friend who has lawful residence in the United States.
If your child is a United States citizen and your name is not on their birth certificate, you need to get the birth certificate changed to show your name.
If your children are under the age of 18, you should have a plan of where they will stay if you are suddenly detained. It might be a good idea to sign legal documents such as power of attorney; however, you should not sign these documents without speaking to a lawyer first.
