What Should I Say to the Insurance Adjuster After My Accident?
I speak with clients all the time who have received calls from the insurance adjuster after their accident. They have already given a recorded statement about their accident and injuries before they have called us. These recorded statements are hazardous because the adjuster, who has done these interviews hundreds of times knows just what questions to ask, is always looking for a reason to deny coverage or get you to agree to something that may not be true, or to something that is even damaging to your case.
What you say in an unguarded moment may literally turn a good case into a denial. My message to anyone who has been injured by the negligence of another is to consult a lawyer before speaking to an insurance adjuster. We know what questions are going to be asked and can prepare you for these conversations and help you avoid saying anything that could potentially undermine your claim.
Regardless of what kind of injury you have sustained, I recommend declining to speak with the adjuster until you have spoken with an attorney who has helped you go over the questions that will be asked.
Don’t risk your claim being denied because of what you said in a vulnerable moment. If you have been injured in an accident give Oxner + Permar a call for a free consultation before you speak with an adjuster.
How Do Transferable Skills Affect My Social Security Disability Claim?
A question clients often ask is how to prove their skills are non-transferable. A skill is defined as the knowledge of a task that requires judgment and is attained through job performance. The Social Security Administration (SSA) classifies the different skill levels of jobs as unskilled, semi-skilled, and skilled. These classifications are generally determined by how long it takes to learn the work and what that particular job requires.
Once the Social Security Administration determines the skill level of your past work they will use that to provide you with other jobs you might be able to do that meet the same (or lower) level of skill. This is what they mean by transferable.
Some examples of transferable skills are supervising or managing others, teaching, filing, clerical work, researching, technical work, and training. When determining whether a person has transferable skills, it will depend on if their impairments or disabilities affect the ability to perform those skills. If it does, then their skills will not be transferable. However, if it does not affect an individual’s ability to perform, then the skills can be considered transferable.
Proving at your hearing that your skills are non-transferable may be essential, especially if you need to challenge the vocational expert’s opinion. An attorney who understands transferability of skills under the Social Security Administration rulings and regulations can help with the cross-examination process during the hearing.
Don’t risk having your claim rejected. Work with an experienced attorney who will make sure it’s done right. Give Oxner + Permar a call for a free consultation.
All American Marathon in Fayetteville, North Carolina
The All All American Marathon is coming up on Sunday, March 25. Along with the All American Marathon there will also be the Mike-to-Mike Half Marathon and The All American 5K. These three races take place every year at Fort Bragg. The race is put on by MWR which is the welfare and recreation organization for the Army.
All of the proceeds go back into the organization for their programs, gyms, child and youth services, and for soldiers and their family members. The race is in honor of service members and to honor those who serve and those who have given everything.
The Mike-to-Mike Half Marathon is named after a soldier symbol on Fort Bragg, Iron Mike. This half marathon runs past the original Iron Mike located in downtown Fayetteville and finishes at the main post parade field running past the duplicate Iron Mike. He’s a symbol of soldier’s strength and power, being iron strong.
Runners who would like to participate but are unable to make it to Fayetteville on race day may still sign up and run anytime and anywhere that is convenient to them. More information for the Virtual Race is available on their website.
If you would like to sign up for The All American Marathon, the Mike-to-Mike Half Marathon, or the The All American 5K, you may visit their website.
Why Should I Have to Submit to a Drug Test for My Workers’ Comp Case?
If you’ve been injured at work and have filed for workers’ compensation, then you’ve probably been asked to take a drug test. If this feels like a pointless invasion of privacy, don’t worry — we agree. Unfortunately, there’s nothing you can do to avoid this: it’s the law.
Of course, we don’t condone the use of illegal drugs or drugs that were not prescribed to you; however, that doesn’t mean we think the insurance company should be allowed to drug test you. In reality, there’s not much of a relationship between what you possibly took at a party two weeks ago, and how a coworker drove a forklift into you yesterday.
The scenario that we see more often than illegal drug use is people taking prescription drugs that aren’t prescribed to them. For example, if while waiting to see the doctor, you take some of your wife’s prescription painkillers, you could test positive for drug use. In that case, you could lose your right to benefits.
Taking someone else’s painkillers might not seem like a big deal, especially when you’re in a great amount of pain, but the reality is that it is illegal. Don’t put your case in jeopardy by taking medication that’s not prescribed to you.
If you’re concerned that a drug test may prevent you from receiving workers’ comp benefits, be sure to contact an experienced attorney. We can help you determine whether or not your case will be affected.
If you’ve been injured at work, don’t hesitate to contact Oxner + Permar for a free consultation. We can help guide you through your case and ensure that you get the benefits that you deserve.
If My Boss Says I’m an Independent Contractor, Can I Still Get Workers’ Compensation?
Just because your boss says you’re an independent contractor, doesn’t mean you are. In a workers’ compensation case, the court doesn’t really care what your boss has to say on the matter. They’re going to look at a few other factors.
Long story short, whether or not you’re an independent contractor really comes down to how much control your boss has over you. For instance, does your boss set how, when, and where you work? The more control your employer has over these factors, the less likely you’re an independent contractor — even if you’re called an independent contractor in your contract.
Employers in certain industries are notorious for calling employees “independent contractors,” and because it prevents them having their taxes withheld, many employees are happy to go along with it.
We often see sales representatives, construction workers, and truck drivers who believe they are independent contractors but actually don’t fall into that category when it comes to workers’ compensation.
The best thing to do is to speak with an experienced attorney. We can help you determine exactly how the Industrial Commission will view your position. Our experienced attorneys can also help you apply for workers’ compensation benefits and navigate all of the complicated aspects of workers’ comp law.
If you’ve been injured at work and you’re unsure whether or not you really are an independent contractor, don’t hesitate to give us a call. Oxner + Permar offers free consultations, and we can help you decide how to proceed with your workers’ comp case.