Posts By: Grace Linthicum

If My Workers’ Comp Claim Is Denied, Is My Case Closed?

If My Workers’ Comp Claim Is Denied, Is My Case Closed?

If you file for workman’s compensation, one of the most disheartening things is to have your claim denied — especially if you were counting on your benefits to help make ends meet while waiting to be able to return to work. It can feel like having a door slammed on your only viable option after a work injury. Keep in mind that just because the insurance company has denied your claim, your case is not necessarily closed.

Top view of a rubber stamp with a giant word "Work injury claim - denied " isolated on white background

The fact is, insurance companies deny compensable cases all the time. You’re not out of options. At Oxner + Permar, we work with our clients to evaluate their claims and explain their options. For instance, your insurance company may only be willing to offer a settlement. We’re more than happy to evaluate an insurance company’s offer to determine if it is fair. We want to make sure that our clients are receiving the compensation that they deserve.

As an injured employee, you have the right to be heard in a court of law and to have a judge determine the compensability of your claim. We don’t just offer guidance, we’ll fight to have your claim deemed compensable and for the insurance company to be ordered to provide adequate compensation. Don’t let an insurance company call the shots for you. Have someone on your side who knows the law and is willing to fight for you.

If your claim is denied, your case doesn’t have to end there. Call Oxner + Permar for a free consultation and talk with an experienced attorney about your options.  

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

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?Keyboard Letters spell temp job on desktop background

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.

After My Treatment Is Complete Do I Get a Settlement?

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.

Taking the First Steps in a Workers’ Comp Claim: Taking Legal Action

Taking the First Steps in a Workers’ Comp Claim: Taking Legal Action

This is it. You’re at the breaking point. Your workers’ compensation benefits have been unfairly denied and your employer and their insurance adjuster are refusing to negotiate with you. You’re ready to get the benefits you deserve. You’re ready to take legal action.Gavel and cash in a portrayal of a judgment and financial settlement in a lawsuit. 3d high-detailed illustration

 

At this point, I find the first questions many clients have are “Am I suing my employer? The insurance company? Both?” When it comes to a workman’s compensation case, you are technically suing both your employer and the insurance company.

 

However, the insurance company is the “paying” party. This is because your employer’s responsibility lies in paying the workers’ comp premiums to cover their employees in the first place. When you are injured at work, your employer’s workman’s compensation insurance covers your medical expenses and time missed from work. They also make the call on whether or not they can compensate you.

 

That’s why Oxner + Permar deals directly with the insurance company — not your employer. We work with you to make sure that you are getting the benefits and the settlement that you deserve. You are entitled to a settlement at the end of your treatment, and that treatment will be paid for by the insurance company with the consent of your employer.

 

When you take legal action in a workers’ comp case, your insurance company will be the paying party. Make sure you understand what you’re up against: Have an experienced attorney on your side who will ensure that your rights are being protected.

Filing for Workers’ Compensation: What Does a Form 63 Mean?

Filing for Workers’ Compensation: What Does a Form 63 Mean?

Pile of documents on desk stack up high waiting to be managed.If you’re filing for workers’ compensation, chances are you’re going to be dealing with a lot of paperwork: some that you fill out and some that you will receive from an insurance carrier or employer. Paperwork is never fun. Especially when something as important as your workman’s compensation benefits is riding on it. The process can be made even more tedious by the fact that many of the forms are labeled by number rather than what it actually is they do. For example, you may come across a Form 63. But what does that mean? What is Form 63?

A Form 63 means that the insurance company is still investigating the claim and is accepting the claim in whole or in part for the time being. There are two sections in a Form 63.

Section 1: If section one has been checked, this means you will receive lost wages and medical compensation. If 90 days pass and the insurance company does not formally deny or accept your workers’ compensation claim, then the claim is deemed accepted.

Section 2: If section 2 is checked, then you will receive medical compensation but not lost wages.

The best way to navigate a workers’ comp claim is by working with an experienced attorney. We can help you understand exactly what paperwork you will encounter and what it means. Insurance carriers deal with these forms every day, but chances are you’ve never seen them before. Make sure you understand the process, every step of the way.

At Oxner + Permar we’re dedicated to making sure our clients have a fair understanding of their workers’ comp process and that you’re on an even playing field with the insurance carrier. If you have any questions, be sure to contact one of our experienced attorneys for a free consultation.