If you have a non-traditional workers’ compensation case, you might be concerned that we won’t represent you. The reality of the situation is that we deal with non-traditional cases all the time like a fall in the parking lot.
We’re currently helping a client who works for a staffing agency. She took a position at a large corporation. While on her way to work one morning, she tripped and fell in the parking lot. As a result, she sustained significant damage to her knee and eye.
Despite her injuries, her workers’ compensation claim has been denied. Even though she was on the property of her place of work, they turned her down because the parking lot where she fell was not owned by the staffing agency, but by the company where she had been working. Her employer was the staffing agency, not the company.
Despite this, we are working with her in order to get her fair compensation. It doesn’t matter if you think your case is complicated or unusual. At Oxner + Permar, we’re passionate about defending our clients.
If you are injured and filing a workers’ comp claim, you might be wondering if it is okay to use social media during a workers’ comp case. After all, in this day and age, we share everything online. Social media makes it so easy to connect with friends and family. Whether it’s birthday wishes or photos with friends, there are all sorts of ways to share our thoughts and feelings and keep in touch. For the most part, sharing things on social media is pretty harmless. However, this is not always the case when you’re in the middle of a workers’ compensation case.
What you might not consider is the fact that defense lawyers and insurance carriers may try to look you up on Facebook, Twitter, or any other social media accounts you might have. They will look for evidence that you’re not really as injured as you claim to be. This evidence could be something as simple as a photograph of you out with your friends, especially if you’re doing something physical like dancing or swimming.
The best policy is to simply deactivate your Facebook (or other social media) account until after your trial. At the very least you should set your social media settings to private. Don’t post pictures of things that could be incriminating. For instance, if you post vacation pictures of yourself lying out on a beach when you’re supposed to be recovering, the defense will most likely call this into question.
It can be hard to break the social media habit, but we promise things will be better if you take the plunge and deactivate your social media accounts until after your case has ended. Definitely better safe than sorry!
Oftentimes, rather than going to court, a case will go to mediation instead. But you might ask, “what should I expect at mediation?” If you ask this question, there’s a chance you might be feeling anxious since you’re unsure what you will be facing.
Don’t worry – while the process can be intimidating at first, we’re here to let you know what mediation is really like. By understanding what to expect during a mediation session, you’ll be better prepared for the day of.
First of all, what is mediation? Basically, instead of having a trial, the two parties (in this case, probably you and the insurance company’s team) will meet with a neutral third person to try to resolve a claim before a hearing. It gives you and the insurance company a chance to work out your own deal to close a case.
During the process, each side presents its side of the story in detail and then listens carefully as the other side does the same. After hearing both sides out, they attempt to find common ground and discuss potential solutions until an agreement is reached. Unlike litigation, mediation is voluntary and allows those involved to decide what will be done in order to resolve their disagreement instead of relying on a judge or jury.
How is this different than court? For one, no one can make you or the other side settle your claim. You only form an agreement if you both actually agree to the final terms. Additionally, you won’t be sworn in or questioned. Of course, you have the right to speak, but it’s not a requirement. But don’t worry, your attorney will give you more details about speaking before the mediation.
Unlike cases in court, mediation really gives the parties more control over their own decisions and reduces animosity between them since they are actively involved in reaching a settlement together. Mediation is also faster than typical court hearings, typically resolves issues quickly within one or two days, lowers costs associated with court proceedings, and encourages cooperation and compromise which takes away from the hostile environment that generally exists during in-court litigation.
Who is the mediator and what do they do? The mediator is the person who comes in as the neutral third party — they’re not on your side, and they’re not on the insurer’s side. The mediator acts as a facilitator who assists the parties in finding common ground. They will most likely talk with you about the tough parts of your case. But don’t feel singled out! They’ll also be asking the other party questions as well. They will act as a go-between between you and the other side.
The mediator helps each side understand the opposing viewpoint and encourages them to think outside the box for creative solutions. They do not decide the outcome of the dispute; instead, they guide and facilitate communication between the parties to allow them to reach an agreement on their own. This will help get each side’s points and arguments across. If you are able to come to an agreement, the mediator will write it up and everyone will sign it. At this point, your case will be resolved.
Mediation is a common practice in workers’ comp law. In fact, our courts order that each case at least attempts to come to an agreement through mediation before going to trial — which is good for you because mediation generally saves a lot of time and money. Moreover, both parties are able to feel like they contributed to the outcome and generally walk away satisfied. Don’t worry, though, if your mediation is unsuccessful. This just means that your case will move onto the court, where a Judge will make a final decision.
One of the most important pieces of advice we give to anyone involved in a workers’ compensation case is to make sure you file a report of the accident. It’s important to be as detailed as possible in order to support your workers’ compensation claim. However, what if you have no memory of your injury? Is your workers’ comp case doomed for failure?
Of course, this is something that does happen, so it’s been addressed in court. If a worker falls and experiences a head injury, they might not be able to remember the exact circumstances of where, when or how they fell. This can make it difficult to prove whether or not their fall is can be compensated by workers’ compensation.
However, the courts in North Carolina have ruled that if an injured worker has an unexplained fall, then this is can be compensated by workers’ comp injury. If a worker does not remember the circumstances of their fall, they must be examined by a doctor. If the physician cannot find an explanation as to why they fell, then the employee’s injury would fall under the Unexplained Fall Law of Philbeck v. University of Michigan.
If you’ve been keeping up with our blog, then you probably know that it has been a bad year for Johnson & Johnson as they faced some substantial cases in 2016. In fact, the company has been engaged in six of the seven biggest product defect cases of 2016. And the verdicts did not play out in their favor. They ended up losing millions of dollars as a result.
Johnson & Johnson started 2016 off with their first major case involving a defective blood-thinner, Xeralto, which caused uncontrollable bleeding in some patients. They also were involved in two major defective hip implant cases and two cases involving talcum powder and ovarian cancer. The sixth case was over their drug Risperdal, which caused the males who took it to develop female breasts. In all 6 of these cases, Johnson & Johnson was forced to settle for anywhere from $55 million to $1 billion.
The important thing about cases such as these is that they can end up becoming more and more expensive for a company, even after the cases have settled. Many people worry that they won’t be able to stand up in court to a big company such as Johnson & Johnson. However, once they see that someone with a similar case has been successful, more and more victims start stepping forward.
Everyone who’s been wrongfully harmed by a prescription drug or medical device that was supposed to help them deserves to have their case heard and to be rightfully compensated. If you’ve been injured as a result of a faulty product, don’t hesitate to reach out to an experienced attorney like the caring and determined team members we have at Oxner + Permar. We can help you stand up to the big corporations and get the benefits you deserve.
