Oxner + Permar Gives Back: Informing the Community
At Oxner + Permar we love to help our clients find local organizations who provide help to those in need. NC 2-1-1 is a great resource for people in North Carolina looking for assistance with housing, utilities, food, healthcare, and addictions.
What is NC 2-1-1?
NC 2-1-1 is a referral service provided by the United Way that gives callers information in all 100 North Carolina counties. They are available 24 hours a day, 7 days a week, 365 days a year and your call is free and confidential. They are available in most languages and will refer you to a program or organization that is local to you.
As part of the State Emergency Response Team, they are also available during natural or public disasters to help residents with everything from real-time communication to evacuating to meals and post-disaster cleanup.
If you’re a resident of North Carolina and are in need of assistance, but aren’t sure where to start, give NC 2-1-1 a call. Simply dial 2-1-1 from a landline, cell phone, or VOIP. They have Spanish speaking call specialists and professional language interpretation services in 170 languages.
Additional information can be found on their website. At Oxner +Permar we strive to provide our clients with as many resources as possible. Follow us on Facebook for additional community resources.
Free Farm + Art Tour in South Carolina
If you enjoy knowing where your food comes from, learning more about local agriculture, or want to spend the day dancing to bluegrass and folk music, this is a great event for you. Every Saturday and Sunday in June there will be self-guided tours of farms throughout South Carolina, with food and activities for children and adults.
It is a free event that is open to the public where local artisans will be set up to display their work, there will be live music, food, hayrides, barnyard animals, and fresh veggies to pick as you tour historic farms.
The Ag + Art Tour has grown since it began in 2012. The event started out with just one farm and now includes tours of farms in 12 counties every weekend in June, and is the largest farm and art tour in the United States.The tours start Saturday, June 2 with five farms to choose from.
If you are interested in attending any of the free farm + arts tours in South Carolina throughout the month of June, more information can be found on their website.
Amends to Legislation to Clarify What Injuries Are Accepted
The North Carolina General Assembly passed a new law that will impact those who are seeking medical treatment after being injured on the job. This was done to strike down the North Carolina Supreme Court’s ruling in Wilkes v. City of Greenville. In Wilkes, the Court cited the previous version of this legislation and held “an admission of compensability…entitles an employee to a presumption that additional medical treatment is causally related to his compensable injury.” In other words, this meant that once the claim was accepted on a Form 60 or 63 section 1, the burden of proof shifted to the employer to disprove that the requested medical treatment was not related to the injury.
The new legislation now says that an accepted claim on a Form 60 or 63 section 1 “shall not create a presumption that medical treatment for an injury or condition NOT IDENTIFIED in the form prescribed” by the Commission on a Form 60 and 63 section 1 “is causally related to the compensable injury.” Therefore, if the body part that the injured worker is requesting treatment for is not listed on the Form 60 or 63 section 1, then they bear the burden of proof. This is the case even if the Defendants have been paying for the medical treatment for weeks, months, or years.
If the injured worker has been receiving medical treatment for a body part, directed by Defendants, and it is not listed on the Form 60 or 63 section 1 for an extended period of time and the Defendants deny ongoing care, the injured worker must go through the formal hearing process and prove that the body part is related to the claim. This is not only a reversal of our North Carolina Supreme Court’s ruling in Wilkes, but also causes harm to the injured worker if Defendants one day stop providing care—months or years down the road.
If you have been injured on the job and have questions about how this new legislation will impact your workers’ comp claim, don’t hesitate to give us a call for a free consultation. With more than $275 million in awards and settlements, Oxner + Permar has the experience to handle all kinds of workers’ comp cases.
I Was Injured During My Lunch Break, Am I Still Covered?
One common misconception people have about experiencing a work injury is that they have to be physically doing their job when injured in order to be covered under workers’ comp.
Although most cases involving workers’ compensation injuries do happen when you are clocked in, at the job site, and doing your work, that isn’t always the case. No one can control when and where an accident will take place. The Workers’ Compensation Act understands that and offers some additional protections.
These cases can be very fact-specific, but some of the most common times you can be covered are prior to clocking in, during breaks at work, and at lunch. There are many other circumstances when you may be covered but a lot depends on the location of the accident, the timing of the accident, as well as who owned and maintained the property where your accident happened.
It is best to contact an attorney if you got hurt before clocking in, during a break, while at lunch, or after clocking out—but while you were still at work. Your injury may fit into one of the fact patterns where you are still protected by the Workers’ Compensation Act.
If you experienced an injury and you’re not sure if you’re covered, give Oxner + Permar a call for a free consultation. We will go over the details to help you determine if you are covered.
…su estatus migratorio, no afecta la capacidad de recibir beneficios de compensación laboral?
No importa cuál sea su estatus migratorio, en el estado de Carolina del Norte si usted se lesionó o accidentó en el trabajo, usted tiene el derecho de comenzar una demanda de compensación laboral, lo que le proporcionará tratamiento médico, y cheques semanales por su tiempo fuera del trabajo.
Además, ni la compañía de seguro de su empleador, ni el abogado que representa a la compañía de seguro, pueden divulgar su información personal, como por ejemplo: al Servicio de Inmigración y Control de Aduanas de Estados Unidos (ICE, por sus siglas en inglés). Tampoco, existe el riesgo de que su empleador lo amenace con reportarlo a oficiales de inmigración, por el simple hecho de haberse lesionado o accidentado en el trabajo. Muchas veces, esto ocurre para evitar que usted presente una demanda en contra de ellos, porque saben que usted tiene ese derecho bajo la ley.
Si usted se ha lesionado o accidentado en el trabajo, es recomendable que se contacte con un abogado con experiencia, y así asegurarse de obtener los recursos necesarios para proteger sus derechos. Nuestra firma, Oxner + Permar, cuenta con un gran equipo de abogados y asistentes que lo pueden ayudar en su idioma, nos enorgullece decir que le conseguiremos el resultado que usted se merece. Tenemos oficinas a lo largo del estado de Carolina del Norte, tales como en Raleigh, Charlotte, y Greensboro, entre otras. ¡Llámenos!