Yearly Archives: 2017

His Wife Was Not Eligible for Workers’ Compensation Death Benefits: Was It Fair?

Workers' Compensation

His Wife Was Not Eligible for Workers’ Compensation Death Benefits: Was It Fair?

The truth of the matter is, the American justice system is designed to be fair. I know when you’re dealing with a workers’ compensation claim, the system can seem stacked against you — particularly when it comes to red tape and negotiating with insurance carriers. It can be easy to lose sight of the fact that, ultimately, the law is in place to make sure that those in need of workman’s comp benefits are paid.Woman sitting at grave with hands in pockets

 

Unfortunately, sometimes the eligibility of a workers’ compensation beneficiary is called into question. Take, for instance, a case from last summer. The husband had died in a work-related accident, and under normal circumstances, his wife would be eligible for workers’ compensation death benefits.

 

However, the man’s wife hadn’t lived with him in seven years. If she had not been living with him, but was financially dependent on him, then she would have been eligible. As it was, he hadn’t been giving her any financial support.

 

You might think that the fact that she had not been living with him or financially dependent on him could be enough to make her ineligible. However, the court took one more thing into consideration. They looked into whether he had been abusive to his wife in their relationship and if she was possibly forced into not living with him. The court found no evidence of abuse, and, therefore, determined that she was not eligible to receive workers’ compensation benefits on his behalf.

 

In this instance, the court made a good, fair call. However, this doesn’t always happen. Sometimes there are mistakes, or the court neglects to take variables into consideration. This is why it’s a good idea to have an experienced attorney on your side — someone who understands the law and knows whether you’re being treated fairly.  

 

Workers’ compensation law can be complicated, and deciding what is and isn’t entitled to you is not always straightforward. If you have any questions concerning your case, don’t hesitate to contact one of our attorneys for a free consultation.

Am I Entitled to a Second Opinion?

Workers' Compensation

Am I Entitled to a Second Opinion?

It may seem unfair, but insurance carriers have a lot of say in your workers’ compensation claim — especially when it comes to determining your doctor. In a workman’s compensation case, the insurance carrier gets to select your doctor. This makes many people uneasy. The insurance carrier will use the doctor’s evaluation to determine how much they will pay you in benefits. How can you trust that this doctor isn’t siding with the insurance company to downplay your injuries?

Or maybe you just want to know whether there are other additional treatment recommendations out there that could help relieve your pain or lessen your disability. Fortunately, in the State of South Carolina, you have the right to seek a second opinion from the doctor of your choosing. If you are dissatisfied with your first evaluation, you should appeal to the insurance company for a second opinion.Female medicine doctor hand holding silver pen writing something on clipboard closeup. Medical care, insurance, prescription, paper work or career concept. Physician ready to examine patient and help

What if my second opinion is not accepted?

In some cases, the insurance company may not agree to grant a second opinion. However, your insurance company does not have final say on the matter. If they refuse, you can appeal to the South Carolina Workers’ Compensation Commission. In most cases they will order the insurance company to provide you with a second opinion.

Sometimes it can feel like the insurance companies have all the power and that you’re fighting an uphill battle the whole way. But there are people who have your back and are there to support you. The Workers’ Compensation Commission wants to make sure that your case is being handled fairly. Many doctors have their patients’ best interests at heart and want you to recover as quickly and fully as possible. But honestly, one of your greatest assets is an experienced attorney.

Having an attorney on your side who not only understands the law, but has experience dealing with insurance companies is someone who truly has your back. We can evaluate your situation and know when you’re being treated fairly, and when you need to take action. At Oxner + Permar, we’re passionate about standing up for our clients. Make sure you have someone who’s willing to stand up for you.

If you’ve been injured at work, you have the right to a second opinion when it comes to your evaluation for workers’ compensation benefits. If you have any questions about getting a second opinion, don’t hesitate to contact an experienced attorney.

Can I File a Workers’ Comp Claim If I Work For a Temporary Work Agency?

Workers' Compensation

Can I File a Workers’ Comp Claim If I Work For a Temporary Work Agency?

When an employee is injured at work, we always tell our clients that they should file a claim with their employer as soon as possible. However, if you work for a temporary agency you might be wondering, how does that work for me? Can I still file a claim if I work for a temporary staffing agency?

When clients ask me this, my response is “Yes!” You absolutely can still file a workman’s comp claim if you work for a temp agency. Under the NC Workers’ Comp Act, you are entitled to benefits.

Generally, claims are still filed in the same way a permanent employee would; however, the key difference is that you are filing a claim against the temporary work agency and the insurance company not the contracted employer.

If you are injured as a temporary employee then you must inform both your temporary work agency and the employer you are doing work for. For instance, let’s say you’re employed by ABC Staffing Agency, and they place you at Bob’s Truck Shop. You begin work there and things are going well, but one day an accident occurs and you break your arm. You must file an incident report detailing the accident and your injury with both Bob’s Truck Shop and ABC Staffing Agency.

If you work for a temporary staffing agency and are injured while on the job, you have rights and may be entitled to benefits. At Oxner+Permar, we have experience working with all kinds of employees, and we’re dedicated to making sure that you receive the settlement that you deserve.

Did you know that as a temporary employee, you’re still entitled to workers’ compensation benefits? If you have any questions concerning workers’ comp and temporary employment, contact one of our experienced attorneys for a free consultation.

How Can a Laser Tag Injury Be Covered Under Workers’ Compensation?

Workers' Compensation

How Can a Laser Tag Injury Be Covered Under Workers’ Compensation?

Now here’s a dilemma for you:

You go on a mandatory work related trip to a conference. As part of this conference, a laser tag event is hosted by the conference. Your participation in this laser tag event will be beneficial for business connections and is encouraged by your employer, so you decide to join in. You’re having a great time running around and shooting at your business partners and competitors. It’s all fun and games — until you injure your knee.  Vector emblem of laser tag in neon style.

 

The question becomes: Can you file for workers’ compensation under these circumstances? This is exactly the scenario in which one North Carolina man found himself. His injury had cost him in medical care expenses and in time off from work. Because his injury had occurred during a company event, he believed that workers’ compensation should cover him. The insurance company did not agree.

 

When brought before the North Carolina Court of Appeals last year, the court ruled in favor of the injured worker. The court felt that the case met their six criteria for determining compensation for work-sponsored recreational activities. These criteria all determine whether the event truly was mandatory, and to what extent the event was supported by the employer.

 

As you can see, not everything with workers’ compensation is cut and dry. There can be a lot of room for interpretation and debate. If you find yourself injured at work, don’t hesitate to contact one of our experienced attorneys. At Oxner + Permar, we are passionate about exploring possibilities and options with our clients so that we can find the best solution for you. We’re not afraid to fight for your rights.
If your injury occurred during a special work event, you might qualify for workers’ compensation. It’s always worth getting an opinion from an experienced attorney.  

After My Treatment Is Complete Do I Get a Settlement?

Workers' Compensation

After My Treatment Is Complete Do I Get a Settlement?

So you’ve been injured at work. You’ve got your weekly benefits agreed upon. So what’s next? Is that all the money you’ll receive? Or do you get a settlement? The good news is YES! You do get a settlement.

 

There are all sorts of expenses to consider after you’ve been hurt at work. For instance you might need to search for a new line of employment. In that case you might need to be compensated for vocational training and time missed from work while searching for a new job. It’s also possible that you might need additional medical treatment in the future as a result of your injury. You would need compensation for these future medical expenses.

Close-up Of Businessman Hands Giving Cheque To Other Person In Office

 

When you file for workers’ compensation, you are given a rating, and you are entitled to the value of that rating. However, just because you receive the same rating as someone else doesn’t mean that you’re going to receive the same settlement that they did. Every case is evaluated independently because the circumstances of your injury are specific to your case.

 

Settlements will range based on the value of your claim. There are many factors that will be taken into consideration when deciding your settlement such as how you were injured, how severe your injury is, and the amount of work you’ve had to miss.

 

One of the advantages to working with an attorney is that we can explain the value of your claim and what you should receive as a reasonable settlement. Don’t let the insurance company sell you short. Contact one of our experienced attorneys for a free consultation.

 

You are entitled to a settlement from the insurance company. With over $275m in awards and settlements, Oxner + Permar has the experience to fight for you and ensure that your rights are being protected.