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When dealing with a workers’ compensation case, we often hope that everything follows procedure: that we can read attorney’s blogs and find step-by-step online “How to File for Workers’ Compensation” guides and that everything will work out fine. Unfortunately, this isn’t always possible. Sometimes things don’t always go according to plan.

 

What should you do if your insurance carrier fails to authorize the referral of your treating doctor? When you find yourself in this scenario, chances are you’re in need of additional medical treatment or medication, and waiting around isn’t really an option. However, there are steps you can take to get the treatment you need.

 

  1. An attorney can secure additional treatment and authorization of further medical care from the Industrial Commission in an expedited hearing or in an emergency hearing, depending on how dire the situation is.
  2. You can get your own care and then ask the Commission to authorize it.

 

Recently we helped one of our clients deal with this situation. We advised them to take option two and encouraged them to seek their own medical care when the carrier did not authorize it in a timely manner. As it happened, instead of going to litigation, the insurance company agreed to the doctor that they selected. It can be difficult to know what to do in situations like this, so we recommend seeking advice from an experienced attorney.

 

If the insurance carrier does not approve of your doctor, be sure to contact an experienced attorney. There are steps you can take to ensure that your rights are protected.

Dealing with a work injury and workers’ compensation can be a long, painful process. It would be a lot less painful if there was $1,000,000 waiting for you at the end of it, right? In reality, a million-dollar settlement might not be as wonderful as you’re imagining. Because workman’s compensation doesn’t account for pain and suffering, there are certain factors that come into play for awards to come even close to seven digits.

 

  1. The worker who is recovering must have had a high compensation rate. Workers that make above $70,000 will be entitled to the highest compensation rate allowed by the Industrial Commission. They will also have to be awarded close to the allotted 500 weeks of work to make it significant.
  2. There must be near-catastrophic medicals projected. Basically, the medications and procedures prescribed will need to be expensive and ongoing. The need for continued care will both bring up the cost of medical expenses and prevent the worker from returning to any kind of work.
  3. The injury requires a form of attendant care. If this happens, the workers’ compensation carriers are required to pay skilled nurses or family members to help care for the injured worker if they need attention at home. This is generally very expensive and will account for a huge chunk of that $1,000,000.

 

While it might seem like getting a $1,000,000 settlement would be great, the reality is that most of that money will be going towards medical expenses, not your pocket. However, if your case is worth $1,000,000, we absolutely want to make sure that you’re getting the money that’s owed to you. In fact, we have a great deal of experience working these kinds of cases. No matter the extent of your injuries, you deserve fair compensation.

 

A lot of the money earned in a workers’ comp case goes towards medical expenses, which is why it’s important that you’re receiving fair compensation. If you’ve been injured at work, contact one of our attorneys for a free consultation.

If you’re waiting for a social security disability claim settlement, then you know there are few things more frustrating than biding time until your hearing — especially when the benefits you will receive are essential to your day-to-day living. As of last spring, the average wait time for a hearing was just under a year and a half, which means more than a year has gone by since those employees were unable to work. This is a serious problem within the system.

 

Unfortunately, it doesn’t look like things will be improving anytime soon. With Trump’s federal hiring freeze, there’s a good chance that these wait times will only get longer. One way to alleviate long wait times would be to hire more judges who could hear these cases. However, with this freeze, that’s no longer an option.

 

Despite the federal hiring freeze, people will continue to have a need for social security disability. Even though this freeze is temporary – it should lift when Trump’s administration can work out a new budget that supposedly accounts for the best use of Americans’ tax dollars – that doesn’t mean that will be the end of this problem.

 

Cases will continue to pile up until the freeze is lifted, and when the freeze is lifted it could take ages for the court system to catch up. Sorting through the backlog is going to take time. And unfortunately, most people who are waiting for a hearing, can’t afford to wait.

 

If you need help navigating your social security disability claim, don’t hesitate to contact an experienced attorney at Oxner + Permar. Our free consultation can help you take the next step in getting the benefits you deserve.

 

Every year, North Carolina keeps track of how many workplace deaths occur. The hope is to look at what went wrong and try to prevent future deaths from occurring. Of the 48 statewide workplace deaths that happened in 2016, two of them occurred in Forsyth County.

 

One was a roofer who fell from a roof. The other was an operator at a construction site whose equipment had overturned.

 

Labor Commissioner Cherie Berry says it’s awful to hear about falls, struck-bys and other kinds of accidents that can often be prevented with proper safety training and personal protective equipment.

 

It’s important to make sure you’re always following proper safety guidelines while at work. Statistics show that construction is the most dangerous type of work; manufacturing came in second. Simple things such as wearing a hardhat and other protective gear can go a long way in ensuring your safety.

 

Should the worst happen and you or a loved one suffer from a fatal workplace accident, know that you or your dependents are entitled to workers’ compensation. Dependents may be entitled to 500 weeks of pay at ⅔ of the deceased employee’s weekly pay.

 

Dealing with the loss of a loved one is difficult no matter the circumstances, but dealing with a workers’ compensation case on top of everything else can make an already awful situation exponentially worse. If you find yourself in this situation, be sure to contact an attorney at Oxner + Permar. We can help guide you through this process and take some of the stress out of a very difficult time.

 

If you have any questions about a wrongful death case or need guidance on how to proceed, be sure to contact an experienced attorney at Oxner + Permar for a free consultation.

 

You may remember from one of our previous blog posts (August 26, 2016) that the Xarelto Bellwether trials were supposed to be underway by now. In fact, the first case was supposed to have been heard in February. However, the trial was postponed. What caused this major trial to be postponed may surprise you.

 

Generally, courts don’t like to postpone trials if they can help it. But it does happen. Trials can be postponed for things like family emergencies or scheduling conflicts. Sometimes they’re delayed because of a change of venue or because more time is needed to prepare. The reason for the delay of the Xarelto Bellwether trials? Basketball.

 

That’s right, basketball. The NBA All Star game was scheduled for the middle of February – the same week as the Xarelto Bellwether trials. Because of this, both parties agreed to delay the start of the trials. Though the exact reason as to why they didn’t want the trials to start the same week as the game is unknown, we can speculate that maybe they didn’t want the distractions of two major events happening at the same time.

 

The trials were rescheduled for March. The first trial was moved to March 13th, and the second will take place on April 24th. The results of the first four trials are going to have a huge impact on the outcomes of the cases that come after, so be sure to look for the results of these cases!

 

If you or someone you know has been the victim of a defective drug or medical treatment, be sure to contact an experienced attorney at Oxner + Permar for a free consultation.

 

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