Si eres un contratista independiente, hay una posibilidad que no podrás recibir compensación por su lesión laboral?
Bajo las leyes del estado de Carolina del Norte, en general, tienes que ser considerado un “empleado” bajo las definiciones legales para ser elegible de recibir beneficios de lesiones laborales. Para saber si eres un “empleado,” hay unos factores que tienes que demonstrar a la corte. Por entonces, si usted empezó su trabajo sin llenar una aplicación, o sin tener entrevista, y/o sin tener instrucciones especificas o supervisión de su trabajo, usted toma el riesgo de no ser elegible de recibir beneficios si eres lesionado en su trabajo.
Es por esto que es importante que usted se ponga en contacto con abogados con experiencia si eres lesionado en el trabajo. Nosotros aquí en Oxner + Permar tenemos bastante experiencia con estas situaciones, y ayudarle en español. ¡Llamenos!
Can An Attorney Help With My Social Security Disability Claim?
Do you need an attorney to file for Social Security Disability? No. But can an attorney be very beneficial in your outcome? Yes! The National Organization of Social Security Claimants’ Representatives announced that the Government Accountability Office (GAO) examined the rate of Social Security Disability claim approval at hearings. The study revealed that those who had legal representation were given benefits nearly 3 times higher than those without a representative.
Filing for Social Security Disability can be done on your own but requires you to jump through many hoops. Working with an experienced attorney who is familiar with the process and understands all of the steps can have a positive impact at your hearing. Claims that are filed without the help of an attorney are initially denied most of the time.
Working with an experienced attorney ensures everything is done right and increases your chances of receiving benefits. Don’t risk having your claim denied because of a mistake filing your claim.
Oxner + Permar has vast experience in representing claimants in their Social Security Disability cases. Contact us today for a free consultation.
What Should I Do After A Hit-and-Run Crash?
If you are the victim of a hit-and-run, it can be a scary and frustrating experience. It may feel like a hopeless situation to be in but there are still steps you need to take to protect yourself. If you find yourself in this situation the first thing you should do is call the police. The police may be able to find the driver. At the very least they will be able to provide you with an accident report showing the crash was the result of a hit-and-run—you will need this official documentation for your insurance claim. After you call the police you will also need to:
- Get medical attention. You are going to have to prove that you got injured in the crash. Simply saying you were hurt will not be good enough for the insurance company.
- Call your insurance company. You need to tell them you got into an accident, the accident was a hit-and-run, and that you intend to make a claim on your policy.
- Review your insurance policy. Find out what the claims process is and find out what the maximum policy coverage is for uninsured motorist claims because they will not pay more than the maximum limit.
- Proceed with an uninsured motorist claim. Your insurance company takes the place of the other driver whose insurance should actually be paying.
As terrible as a hit-and-run crash can be, there are steps you can and should take that could possibly lead to the arrest of the driver, or at the very least help you have a better outcome.
If you have been the victim of a hit-and-run and have any questions, don’t hesitate to give Oxner + Permar a call for a free consultation.
Can the Claims Adjuster Discuss My Medical Care with My Doctor?
There are several subjects the claims adjuster is allowed to discuss with your doctor, but your medical care is not one of them. Unless you give the adjuster permission to speak with your doctor they may not call and ask questions concerning your care.
There are many complicated rules regarding communication with medical providers. Defendants are allowed to obtain medical records, medical bills, and address non-substantive matters, but they can not discuss important matters like treatment without the authorization from you, the injured worker.
The statute is clear about the type of written communication that is allowed as well, and provides specific questions that can be asked without your consent.
It can be confusing when an adjuster calls you and asks if they can discuss a certain topic with your doctor. What you say in an unplanned moment may hurt your case. If you suspect improper communication has occurred you should contact an attorney to discuss the issue.
Call us today for a free consultation. With more than $275 million in awards and settlements, Oxner + Permar has the experience to stand up for you.
Do I Need an Attorney to Apply for Social Security Disability?
If you are considering applying for Social Security Disability, you may have many questions. One question most people have is, when will I need an attorney? My answer to that question is: immediately.
- An attorney can review your age, education, past work, and impairments to determine if you are a good candidate to apply for Social Security Disability benefits. The sooner you know if you’re a good candidate, the better able you are to prepare for your future.
- If you wait to apply for Social Security Disability benefits it could affect the date you begin receiving benefits. If you wait two years to apply and are denied, then you will have to wait another two years to get a hearing. The sooner you apply, the sooner you will have a hearing if you’re denied.
- If you’re denied, an attorney can begin the appeal process immediately or discuss other options for benefits if you’re not a good candidate for Social Security Disability benefits.
A few other common indicators for whether you need an attorney:
- Your doctor says you are going to be out of work for a while
- Your doctor says you cannot work
- You’ve been diagnosed with a severe condition/impairment
- Your doctor says you cannot go back to the job you were doing
- You’ve had a major surgery that will affect the rest of your life, such as a spinal cord stimulator, stroke, heart attack, etc.
It is also important to tell your doctor that you’re applying for Social Security Disability benefits. It is essential to inform your doctor of all of your impairments — both mental and physical — if your doctor doesn’t know about it, it will not be in your medical records. Social Security reads your medical records to determine how your impairments affect your work, so it’s important that nothing is left out. Most doctors know what key language to write in your medical records to help Social Security find you disabled.
If you are applying for Social Security Disability, give us a call for a free consultation. With more than $275 million in awards and settlements, Oxner + Permar has the experience, knowledge, and commitment to protect your rights.