With the holiday season comes a higher demand for seasonal workers — which works out well with the increase in spending that happens around the holidays. Between gift giving, holiday travel, and big holiday meals, many of us see extra strain on our budgets, which makes this the perfect time to pick up a second job. Even without the holiday season, an estimated 7.8 million Americans have multiple jobs. However, have you ever thought about how a second job might affect your workers’ compensation? Does workers’ compensation cover all of your jobs?
Unfortunately, North Carolina workers’ comp law doesn’t really reward anyone for having a second job. Let’s say that you work 30 hours a week at a bookstore where you make $12 an hour. Then for the holiday season you pick up an additional job at a shopping mall where you work 20 hours a week and make $8 an hour. So, in total you’re making $520 a week.
If you injured yourself while working your job at the mall, workers’ compensation would cover you for two-thirds of your weekly salary at that job. Assuming you weren’t earning any additional salary (bonuses, tips, etc.), your workers’ comp benefits would be $96 a week.
Okay, so you only get $96 a week for your second job. But would you get any benefits if your injury caused you to be unable to work the first job as well? Unfortunately not. In North Carolina, you’re only covered for the job you were working when you got injured.
This is definitely something to take into consideration if you take on a second job — particularly if it’s going to be a high-risk, low-paying job. Of course there are other things to take into consideration, such as personal finances. At Oxner + Permar, we care about our clients and our community, and we want to make sure that everyone is making employment decisions with as much knowledge as possible. Call us so we can help.
If you file for workers’ 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. But is your case closed if your workers’ comp claim is denied? The answer is just because the insurance company has denied your claim, your case is not necessarily closed.
In this article, we will explain what happens once a workers’ comp claim is denied, and which lawyers can help you handle your denied claim.
If your workers’ comp claim is denied, don’t panic. There are steps that you can take to appeal the denial and get the help you need.
First and foremost, be sure to read through any document or paperwork that your employer provided in order to understand why the claim was denied. Sometimes employers will provide specific instructions on how to appeal a denial, so it pays to read the fine print.
After you understand why your claim was denied, start gathering evidence to prove all of the details of your injury. This may include medical records, doctor’s statements and statements from witnesses who saw the injury occur. All of this evidence should be brought up during an appeal hearing in order to strengthen your case and show why a denial is not justified.
Second, contact an experienced workers’ comp attorney to help you fight the decision. Your lawyer can assist you in gathering additional evidence, if necessary, and prepare your case for appeal.
During this process, you and your employer will be required to submit evidence both for and against your claim. You’re also allowed to call expert witnesses who can provide additional insight into why your workers’ comp claim should be approved.
Third, submit an appeal to your state’s workers’ compensation board and present any additional evidence you believe supports your case. A hearing will then be held, and a judge will issue their ruling based on the facts presented at the hearing. If successful, then you may finally receive the compensation you deserve!
Keep in mind that if the decision denies your workers’ compensation claim, you may have other legal options available to challenge the ruling, such as filing a lawsuit or appealing to the state labor board. No matter what court or body handles the dispute, make sure to thoroughly document every step of the process with detailed notes and documentation so that you have evidence to back up your position if needed.
When your workers’ comp claim is denied, it can be a difficult matter to deal with. Should you appeal the decision? How can you fight for the benefits you’re due? The answer may lie in finding an experienced lawyer who specializes in this type of case.
A qualified workers’ compensation attorney who understands the laws and regulations surrounding these claims will have the necessary experience to handle your denied claim. They know how to navigate the system and will act as your advocate throughout the entire process. Additionally, they can ensure that you receive all applicable medical coverage, receive proper treatment for your injuries, and pursue a potential settlement if appropriate.
It’s important to select an attorney carefully when it comes to handling your workers’ comp claim. Ask family and friends for referrals and look for lawyers who are knowledgeable about employee benefits laws, experienced in small-claim disputes, able to negotiate effectively with employers, and willing to take on your case regardless of its outcome. With their help, you can get one step closer to getting the benefits you need!
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.
Have you been the victim of a negligent driver and been injured as a result? It’s quite possible that your medical expenses may exceed the other driver’s insurance policy limits. Are you wondering: Is it even possible to obtain the insurance policy limits from the negligent driver in my case?
Knowing insurance policy limits can be a huge advantage when dealing with a case against a negligent driver and their insurance company. However, in North Carolina, insurance companies are not required to reveal how much insurance the at-fault driver has or what their policy limits are. As such, most insurance companies won’t reveal this information, as it would give you the upper hand when it comes to negotiating a settlement and could cause them to have to pay out more.
There is however a way to get insurance policy limits from an insurance company. North Carolina General Statute 58-3-33 allows you to request this information from an insurance company if you have been injured or incurred property damage at the fault of one of their clients. In order to receive this information, you have to send a request to the insurance company via certified mail.
You must:
These three points must be outlined in your letter when you request the insurance coverage limits. The adjuster will have 30 days to respond with the insurance policy limits after receiving your letter.
If you’re on workers’ compensation benefits, it’s really important that you continue looking for a job while out of work. It may be really annoying, and feel entirely pointless, but the truth is if you’re not actively looking for a job, you could lose your benefits. If you are wondering why you need to still job search while on workers’ comp, here are a few reasons why.
The main reason why you need to job search while on workers’ comp is that it shows the insurance company and your employer that you are committed to finding work. This is important because if they don’t believe you are actively looking for a job, they may not continue paying your benefits.
Even if you’re not actively looking for a job, it’s important to stay up to date with the job market. This means reading job postings, networking with other professionals in your field, and attending career fairs. All of these activities can help you stay informed about what employers are looking for and how to best position yourself for a successful job search.
Job searching can be a long and tedious process, but it’s important to stay motivated throughout the process. By actively looking for a job while on workers’ comp, you can stay motivated and focused on finding work. This will help you stay positive and keep your spirits up during what can be a difficult time.
Finally, job searching while on workers’ comp can help you find the right job for you. By actively looking for a job, you can narrow down your options and find a job that is best suited to your skills and experience. This will help ensure that you are successful in your new role and that you are able to transition back into the workforce smoothly.
If you are on workers’ compensation benefits, it is important to prove your disability in order to receive the benefits. There are three major ways you can prove disability:
In North Carolina, unless otherwise specified by the Industrial Commission or your doctor, the responsibility to prove that you are unemployable falls with you, the injured party. Therefore, you need to be applying for jobs, even if you know you are physically unable to do them. Showing that you are making the effort will prove that your inability to find work is not because you aren’t trying, and instead because you are not unemployable.
When dealing with a workers’ compensation case, there are a lot of things like looking for a job that seem trivial when they are actually very important. The best thing you can do when dealing with a workers’ comp claim is to find an experienced attorney who can help guide you through the process. Don’t get tripped up by invisible red-tape or legality that you didn’t know about.
When the Affordable Care Act (ACA) was passed in 2010, hardly anyone can say it was a smooth transition. From issues with the website to uncertainties about how it would affect medical prices, there were a lot of headaches surrounding the whole ordeal. With the uncertainty came the worries and the questions like “what does the ACA mean for Workers’ Comp?”. However, it seems that overall, these reforms have had a positive impact on the world of workers’ compensation.
The Affordable Care Act (ACA) is a comprehensive health care reform law that was passed in 2010. It was designed to make health insurance more accessible and affordable for all Americans, regardless of their income or pre-existing conditions. The ACA also includes provisions that protect consumers from unfair practices by insurers, such as denying coverage based on pre-existing conditions. Additionally, the ACA provides subsidies to help people purchase health insurance and expands Medicaid coverage.
The ACA has had a positive impact on workers’ compensation in several ways.
For one, now that more people are covered by their personal health insurance, they’re less likely to try to claim workers’ compensation for minor injuries. This means that there’s less drain on workers’ compensation insurance, and premiums can be kept at a lower cost. This is particularly true in higher risk industries such as construction, where employees traditionally have a high rate of no insurance coverage.
The Affordable Care Act also seeks to try to reduce Medicare reimbursement rates. Medicare reimbursement rates are directly linked to the cost of workers’ compensation premiums. Therefore, keeping those rates low will also reduce the cost of workers’ compensation.
Additionally, the ACA has made it easier for injured workers to access medical care. This is because the ACA requires insurers to cover certain treatments and services that may be necessary for a worker’s recovery. This means that workers can get the treatment they need without having to worry about whether or not their insurance will cover it.
Finally, the ACA has also helped reduce fraud in the workers’ compensation system. The ACA requires insurers to report any suspicious claims, which helps to identify and prevent fraud.
Although the ACA has had a positive impact on workers’ compensation in many ways, it is not all good news. For one, the ACA does not address the issue of rising medical costs. This means that even though more people are covered by their personal health insurance, they may still be paying more out-of-pocket for medical care than they would have before the ACA was passed. Additionally, the ACA does not address the issue of rising prescription drug costs, which can also be a burden on workers’ compensation.
Overall, despite having been around for six years, the ACA is still relatively new. It continues to be fine-tuned and the kinks are still being straightened out. As such, it’s hard to determine exactly what the long-term effects of the ACA will be on workers’ compensation. But there’s definitely a lot of room for these insurance reforms to do a lot of good.
If you have any questions about how the ACA affects workers’ compensation, it’s best to speak with a lawyer who is knowledgeable in this area. They can provide you with more information and help you understand your rights and responsibilities under the law.
Oxner + Permar Law is a great resource for workers’ compensation questions. We have experienced attorneys who can answer any questions you may have about the ACA and its impact on workers’ compensation.
