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Yearly Archives: 2017

If I’m Hurt at Work, What Does My Employer Need to Do?

Workers' Compensation

If I’m Hurt at Work, What Does My Employer Need to Do?

When it comes to workplace injuries, both the employer and the employee are responsible for different parts of the workers’ compensation process. If you’ve been injured at work, it’s your job to make sure you report your workplace injury as soon as possible. So what exactly is your employer required to do?

  1. Your employer must carry workers’ compensation insurance.
    This may seem like a simple step, but it’s vital that your employer carry workman’s comp insurance. There are some exceptions, but for the most part, if your employer has 3 or more employees, they are required by law to have workers’ comp insurance.
  2. Your employer must file the claim for your injury.
    As soon as your employer finds out about your injury, they are responsible for filing for workers’ compensation on your behalf. First they will file Form 19. This form is also known as the First Report of Injury, and should be filed with the NC Industrial Commission within 5 days of when you first reported your injury to your employer.
    Once your employer has filed Form 19, they must give you a copy of Form 19 as well as a copy of Form 18. Form 18 is a Notice of the Incident. You will be required to fill out Form 18.
  3. Your Employer must ensure that compensation is promptly paid.
    Finally it is your employers’ responsibility to make sure that you are being paid on time. They cannot withhold checks or delay their arrival.

If for some reason your employer is not fulfilling their responsibilities, you should reach out to a workers’ comp attorney as soon as possible. It’s always a good idea to work with an experienced attorney — we can help you from day one and make sure you know which roles you’re responsible to fulfill and which roles are required of your employer.

If you’ve been injured at work, don’t hesitate to contact Oxner + Permar. With more than $275 million in awards and settlements, we have the experience to ensure that your rights are being protected.

What’s the Difference between Social Security Insurance and Social Security Disability?

Social Security Disability

What’s the Difference between Social Security Insurance and Social Security Disability?
When just given the name, Supplemental Security Income and Social Security Disability Insurance sound very similar, especially when they’re referred to by their abbreviations: SSI and SSDI. However, they are very different, and have very different requirements for who can qualify.

 

SSI refers to Supplemental Security Income. SSI is designed to support those in financial need. Whether or not you qualify has nothing to do with your work history. The only thing that’s taken into consideration is your income and financial situation. In order to receive SSI benefits, you must have less than $2,000 in assets. If you are married, you must have less than $3,000. Unlike SSDI, SSI is funded by general taxes rather than the Social Security trust fund.

 

On the other hand, Social Security Disability has to do with your employment status. Because funds are drawn from payroll taxes, your eligibility has to do with how long you’ve been employed and paying into Social Security. In order to receive these benefits, you must be younger than 65. You must also have earned a certain number of work credits. These work credits are determined by your annual income.

 

If you qualify for either SSI or SSDI, be sure to contact an experienced attorney. We can help guide you through the process of applying for these benefits and make sure that you doing what best fits your situation.

 

Whether you qualify for SSI or SSDI, make sure that your rights are being protected and that you are receiving the benefits you deserve. Give us a call for a free consultation.

What’s the Statute of Limitations on a Personal Injury Case?

Personal Injury

What’s the Statute of Limitations on a Personal Injury Case?

When you’re focusing on recovering from an injury, the last thing you want to think about is having to deal with a legal battle to get the settlement you deserve. However, waiting can put you at risk of not receiving anything for your case. That’s why it’s always best to act as quickly as possible.

The actual statute of limitations on a personal injury case is 3 years. This means that from the date of your injury, you have 3 years to file a personal injury claim — but it’s always a good idea to get started as soon as you can.

 

For one thing, you don’t want to let time slip away from you. If you keep putting off filing your claim, you could miss your window, in which case the at-fault party would not be held responsible, and you would get nothing from them.

 

Another reason to make your claim early is that your case is still fresh in the minds of doctors, physicians, and other experts you will need to support your case. For instance, if your doctor is asked to testify, they’re much more likely to remember the details of your case if it happened a few months ago rather than if it happened a few years ago. Your doctor’s testimony is going to be more credible if it is more recent.

 

We understand that it can be incredibly overwhelming to deal with both recovery and your personal injury case. That’s why we recommend working with an attorney from day one. We’ll be with you every step of the way to make sure that everything is taken care of.

 

The statute of limitations on a personal injury case is only 3 years. Make sure that you speak with an experienced attorney about getting what you deserve before time runs out.

Developing Ketoacidosis After Taking Invokana

Dangerous Drugs & Devices

Developing Ketoacidosis After Taking Invokana

If you have Type 2 diabetes, it’s possible that your doctor may have prescribed Invokana to help manage your symptoms. However, it seems that this drug produces side effects that cause more harm than good. In many patients, Invokana causes the acid in your blood to rise, which can lead to stroke, heart attacks, or kidney damage.

People who develop ketoacidosis after taking Invokana have been able to make a full recovery after seeking medical treatment. So it’s important to seek help immediately if you’ve taken Invokana and experience symptoms such as:

 

  • Stomach pain
  • Nausea or vomiting
  • Difficulty breathing
  • Fatigue
  • Confusion
  • Breath that smells of acetone

If you’ve suffered kidney damage as a result of taking Invokana, you may have a strong case against Invokana’s makers, Janssen Pharmaceuticals, a division of Johnson & Johnson. Currently there is a joint lawsuit being filed against them.

 

Now is a great time to take advantage of this lawsuit. Your claim could help demonstrate how negligent Janssen Pharmaceuticals has been with Invokana. It could also help set a precedent for how future cases are handled.

 

When pharmaceutical companies are negligent, the health and safety of their patients are at risk. It’s important that they are held accountable, to incentivise them to take more care in the future; however, it’s also important that you are fairly compensated for the injury done to you.

 

Because Invokana is still on the market, it’s important to note the adverse effects of this drug. If you or anyone you know has developed ketoacidosis, don’t hesitate to give us a call for a free consultation.

Eminent Domain and the Triad’s 311 Bypass

Community, Eminent Domain

Eminent Domain and the Triad’s 311 Bypass

Unless you’re being directly affected, it can be easy to forget that one of the biggest things happening in eminent domain law is happening right now in Guilford County. I’m referring to the proposed 311 bypass and the homeowners that are going to be facing a variety of outcomes due to its construction.

 

Those who own property along the proposed 311 bypass are in a tricky situation. While some homeowners will have their properties purchased by the government, the government is not required to buy all of the homes in the area.

What’s more, once the 311 bypass is built, homeowners whose property is not purchased will likely see a property value decrease. These homeowners are struggling to find out what their rights are and what they can do to defend themselves against this loss in value.

 

Even if you’re not directly affected by the 311 bypass, it’s still important to know your rights when it comes to eminent domain. With as much construction as we’re seeing in North Carolina right now, it’s important that you know what the state can and can’t do when it comes to purchasing your land.

 

You’re entitled to the fair market value of your property at the time it was taken. So it’s important to do your research to find out exactly what your home is worth. It’s a good idea to hire an appraiser who can give you an expert opinion. Remember, you don’t have to accept the price that is offered to you.

 

When it comes to your home and your property, don’t let the government take advantage of you. If you have any concerns about your rights when it comes to eminent domain, don’t hesitate to contact an experienced attorney.

Oxner + Permar