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The holiday season is finally over. For many of us, it’s the busiest time of the year. Between our own personal holiday celebrations and the uptick in the amount of work, the holidays can feel absolutely non-stop. It’s also the time of year when many companies have holiday parties. Depending on who you are and how you feel about socializing at work, this could either fall on the celebration or non-stop work side of things. But what about in the eyes of workers’ compensation? Do these parties fall under the category of work or play?

 

In North Carolina, workers’ comp covers you when you are “performing the duties of employment.” This means anything from the daily tasks of your job, to special errands you do for work (for instance if your boss asked you to run to the store to buy coffee). So does the holiday party fall under “the duties of employment”?

 

Unfortunately, there isn’t really a yes or no answer. If you’re injured at a work party, workman’s comp is going to evaluate your situation. Some of the things they might take into consideration are:

 

Workers’ comp is even flexible with what it means to be required to go to the party. For instance, your boss might not directly tell you that you have to go to the holiday party; however, if it’s implied that you must go, and that you will face consequences for not attending, chances are that you could be covered by workers’ comp benefits.

 

If you were injured at a holiday office party, contact an experienced attorney to discuss your eligibility. At Oxner + Permar, we believe in fighting for our clients and ensuring that their rights are being protected.

 

 

If you’ve never dealt with a court case before, the thought of hiring an attorney can be a little intimidating. Do you really need one? How do you go about hiring an attorney?  And then there’s the dreaded question: How much is it going to cost me? Hiring an attorney might be easier and more pain-free than you think.

 

So let’s take a look at what’s involved.

 

How much does hiring an attorney cost? Of course, every firm handles fees differently. At Oxner + Permar, we work on a contingency fee basis. This means if you don’t get paid, we don’t get paid. In other words, if your claim is denied, you don’t owe us anything. This takes some of the risk out of hiring an attorney, and you can be sure that your attorney has incentive to win your case outside of just wanting to help you.

 

Ideally, you won’t be denied — so what’s it going to cost if you do win your case? Our fees are based on the permanent award at maximum medical improvement or a settlement. There are other less common contingencies, like receiving Social Security Disability with an offset or receiving temporary partial disability. However, the Industrial Commission has to approve all of our fees, so you can be sure that they’ll be fair. Typically they approve a fee of 25%. We know some firms ask for more, but our policy is to never ask for more than 25% of your overall settlement. As for temporary benefits, we only take fees on disputed or litigated benefits.

 

So how do you go about hiring an attorney? Honestly, it’s as easy as picking up the phone and giving us a call. We’ll connect you to one of our attorneys who will evaluate your case. We’re happy to give you advice even if you don’t end up hiring us. In fact, it could be that it’s not in your best interests to hire an attorney, in which case we’ll advise you accordingly.

 

If you have any questions, don’t hesitate to call us. We don’t charge for simply inquiries. We would much rather talk to you now and give you advice that helps keep your situation pointed in the right direction.

No lawyer can guarantee the results of any one case — there’s too much uncertainty as to what may happen. However, if you choose an attorney who specializes in your area of concern and who is part of a team that’s known as one of the leading groups within that area of law, you greatly increase your chances of winning your case. As attorneys, the Oxner + Permar team is specially educated and experienced in dealing with workers’ comp cases, which is why we’ve won so many.

 

There are so many variables in a case, which can make it hard to know whether or not your decision to invest in an attorney was the right one until the case is complete and the results are known. One such variable is timing — such as when you choose to hire an attorney and when you end up being able to return to work. For instance, you might hire an attorney early on in your case. This is generally a good idea because we can help guide you from day one and make sure you are doing everything you can to protect yourself and your right to benefits. However, it could be that you’re feeling back to your old self and ready to return to work within six months. In this case, you’d be getting less mileage out of your attorney’s fee than if your case went on for a long time. Of course, you’d rather be healthy with a small case than the other way around.

 

In many cases, Oxner + Permar is able to negotiate a settlement that is considerably larger than you would have gotten on your own, even after you’ve factored in your attorney’s fee. This is because we’re specialists when it comes to workers’ compensation; we know every facet and nuance of the law. We’re able to leverage that knowledge to make sure you’re fully compensated.

 

In many respects, the law is complicated. This is why many lawyers specialize. At Oxner + Permar, we set a high standard for ourselves because we care a great deal about understanding your case and how to help you win. We’re probably not the people you want to call when you need to fight a traffic ticket because that’s just not our area. But workers’ comp is our area of expertise.

 

If you’ve got a workman’s compensation issue and you’re trying to decide what to do, remember that when dealing with any case, knowing the law is critical to getting what you are entitled to. Working with an experienced attorney is safer than going at it alone.

 

At Oxner + Permar, we are dedicated to using our knowledge and experience to help you get the benefits you deserve.

There are lots of things that could cause you to want to change lawyers. Maybe you and your attorney don’t really get along. Maybe you feel like your attorney is over promising, and failing to bring about the results you expected. You are allowed to change lawyers; however, you shouldn’t do so without careful thought.

 

At Oxner + Permar, our policy states that if there is a disagreement as to how your case is being handled you should insist on a face-to-face meeting with your lawyer to try to clear the air.

 

Your relationship with your attorney is just like any other kind of relationship: communication is necessary in order for it to be successful. Expressing your dissatisfaction in a civil, direct way will give your attorney a chance to perform better. For example, some attorneys are incredible in the courtroom, but can lack people skills when it comes to dealing with clients. Constructive feedback can be a helpful reminder.

 

If your attorney simply won’t work with you, then you may need to seriously consider switching attorneys. You only have one shot at your workers’ compensation case: no mulligans, no do-overs. If you truly believe it’s worth it, then you should definitely switch attorneys.

 

If you do decide to change attorneys there are a few things to keep in mind:

 

  1. You will only pay one attorney’s fee. Your attorney’s fee will be split between the two attorneys you worked with. Both deserve compensation for working on your case whether or not you feel they deserve it.
  2. The attorney you’re leaving must give you your file. If your attorney wants to, he or she is allowed to keep a copy of your file; however, you cannot be charged for this copy.
  3. Your former attorney must file a Motion to Withdraw with the Industrial Commission. Technically, the Industrial Commission must approve this motion and no new attorney will be able to get anything done until the motion is approved.

 

Ultimately it’s your case, so you must do what you believe is in your best interest. Don’t risk your benefits and your future. Hire an attorney with experience, someone you can trust.

 

If you enjoy a turkey during the holiday season, chances are hundreds of people worked long, hard hours to get it to your table. It can be easy to forget about the hard work and labor that goes into preparing our food before we even purchase it. And with the amount of food that gets consumed over the holidays, there’s a spike in the amount of work that goes into preparing that food.

 

Take, for instance, turkeys. The employees of Butterball, one of the biggest producers of turkeys, find themselves working 50 days straight leading up to Thanksgiving in order to meet demand. During this time, their work flow moves from 47 turkeys a minute to 51. Work at this speed, with no rest, certainly calls safety into question.

 

The sad truth is that many major companies take opportunities of higher demand to cut corners in order to increase profits. Unfortunately, when the management makes these kinds of decisions, it’s their subordinates who are put at risk.

 

Many large companies such as Butterball will employ their own nurses. Employees are encouraged to visit these nurses rather than going to the hospital. Often times this is because the nurses will provide temporary solutions to the employees’ problems rather than diagnosing anything major. This means that the company will save money when it comes to workers’ comp.

 

However, when this happens, it is you, the employee, who loses out. It’s against the law for a company to prevent you from seeking medical treatment or filing a workers’ compensation claim. If your company has been discouraging you from seeking help in regards to a work-related injury, you should contact an attorney. Your health shouldn’t have a price tag.

 

When it comes to your health, big businesses are not always on your side. Make sure you have someone who knows the law and will work with you to defend your rights.

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