No matter how experienced you are, there’s always a danger when working with heavy machinery. Even when you follow all of the safety guidelines, there are variables outside of your control that can cause accidents. Read on to know the danger of working near water with heavy equipment.

You may have heard last month about the death of a local Fayetteville construction worker who was tragically killed during the flooding from Hurricane Matthew. He was driving a construction vehicle along the banks of a river while repairing a sewer line, when the earth along the water gave way, and caused his vehicle to tip into the water.

While nothing could have been done to prepare for this scenario, it’s always best to follow safety protocols in order to minimize the risk of injury. Make sure you are wearing proper safety equipment, and always be aware of your surroundings.

It’s good to know that if you are injured at work as a result of a natural disaster (for instance flooding), that injury should be covered by workers’ compensation. Work-related deaths are also covered under workers’ compensation. The death of a loved one is a difficult time no matter the circumstances. The last thing you need is to have to wade through the nuances of a workers’ compensation claim. Let an experienced attorney help guide you through this difficult time.

If you or someone you know has been injured at work as a result of a natural disaster, be sure to contact an experienced attorney at Oxner + Permar for a free consultation. With more than $275 million in awards and settlements, our attorneys have the experience to get you the benefits you deserve.

When we visit the doctor, we’re putting our trust in them…counting on them to know what they’re doing and that they’re doing what’s best for us. After all, they’ve been to medical school and are trained to understand how the human body works and what we need when we’re sick or injured. However, doctors are human and as the saying goes: to err is human. So what happens when a doctor or other medical professional makes a mistake and you find yourself more injured in the process? Will a medical malpractice case hold up in court? Will an attorney take on your case?

What is Medical Malpractice?

Medical malpractice is an act of negligence committed by a health care provider, such as a doctor or nurse. Medical malpractice occurs when the care provided falls below the accepted standard in the medical community and causes harm to the patient.

Examples of common medical malpractice include misdiagnosis, incorrect treatment, failure to diagnose a condition, providing inadequate aftercare, surgical errors, prescription errors, and even birth injuries.

When medical malpractice leads to injury or death, it can give rise to a lawsuit against the responsible party. In order for someone to have a valid case of medical malpractice they must prove that the healthcare provider was negligent in some way and that their actions directly caused injury or death. Medical providers are expected to abide by certain standards in their field and failing to do so will likely lead to malpractice claims.

What Are the Elements Needed to Prove a Medical Malpractice Case?

To prove a medical malpractice case, you must establish four key legal elements. These elements are Duty, Breach of Duty, Causation, and Damages.

1. Duty: You must show that the medical provider had a duty to provide healthcare services that complied with the standard of care required by law or accepted within their profession.
   
2. Breach of Duty: You must then demonstrate that said provider breached the standard of care owed to you and fell below accepted norms.
   
3. Causation: You must then show that this breach in the standard of care was what caused injury or loss to your health or condition—not a pre-existing condition, lifestyle behavior, etc.
   
4. Damages: Lastly, you must prove damages including physical pain, emotional distress, lost wages, lost future earnings capacity, increase in the cost of care due to an progressive illness and so on–as a result of your injuries

Will an Attorney Take Your Case?

This is one of those tricky situations in which I have to say “it depends.” Unfortunately, medical malpractice suits are often very complex and difficult. In 2014 of all the medical malpractice cases in North Carolina, only 147 of them received settlements. This means many attorneys can be very wary of these kinds of cases, and some won’t take them on at all.

It’s good to know that at Oxner + Permar we do take on medical malpractice cases. If you’ve been the victim of medical malpractice, we invite you to give us a call. That way we can assess whether or not your case will likely hold up in court. We have a lot of experience dealing with these kinds of cases, which means we know what we’re looking for. We won’t take on a case we know doesn’t stand a chance, but we can at least advise you on how to proceed. And in the case that you do have a court-worthy claim, we’re ready to stand up for you.

If you’ve been the victim of a medical malpractice case, don’t hesitate to give us a call. We offer free phone consultations so that we can assess your case.

So you’ve been injured at work. You file for workers’ compensation, and you receive a doctor appointed by the insurance company. You’re thinking, “Great! My workers’ compensation process is going smoothly so far!” But then you notice the address of your doctor. They live in Raleigh, and you live in Wilmington. That’s a solid two-hour drive away, possibly longer if there’s a lot of traffic (and let’s face it, there’s probably going to be traffic). Are they allowed to do that? What if your appointed doctor is far away? Do you have to see this doctor?

Here’s the thing: The workers’ compensation carrier is allowed to appoint whichever doctor they see fit; however, there are a couple of steps you can take to make this process less of a hassle.

1. You can request to see a different doctor. If you appeal to your employer and their insurance company, they may choose to change doctors. If that fails, you can then appeal to the Industrial Commission. They will take your case into consideration and decide whether or not to allow you to change doctors.
2. You can seek reimbursement for travel expenses. In some cases, you may have to travel a great distance in order to seek the best care for your injury. In this case, it’s good to know that if you travel more than 20 miles round trip to visit your doctor, you can be reimbursed at a rate of 54 cents per mile. (These rates differ year-by-year. Be sure to find out the rate for the year in which you traveled).

Don’t let the insurance company push you around. If you’re appointed a doctor who lives far away, make sure you are taking the proper steps to receive reimbursement or to be assigned a doctor who is closer. Working with an experienced attorney can help make sure you’re on the right track and that someone is on your side fighting for your rights.

If you’re appointed a doctor whose office is far away from you, there are steps you can take to ensure that your doctor is reassigned or that you’re being reimbursed. Talk to an experienced attorney at Oxner + Permar for a free consultation.

When a new hospital facility opens up in the community, everyone is filled with joy! New jobs are created and the local economy is pumped. While many people are excited about developments like this, others are concerned. After all, a new addition means new jobs and more claims. 

You may have heard that the Huntersville hospital is looking to expand its capacity. Novant Health is seeking a $45.6 million grant to add a 3-story addition to the Novant Health Huntersville Medical Center. The hospital is currently functioning at or close to capacity, and hospital officials worry that if the need continues at this rate, they won’t be able to accommodate all of the patients who come through the doors.

An expansion of the facility would also mean an increase in the number of jobs the center offers as well as those jobs needed to carry out such a project. The Huntersville Medical Center will need to recruit more nurses, and in order to complete the addition in the first place, construction jobs will be needed to be filled. While it’s exciting to have added jobs, it’s also important to be mindful of the possibility of injuries. Medical professionals and construction workers are both fields that see an awful lot of workers’ compensation claims.

If you work in either of these fields, make sure that you’re taking the necessary steps to protect yourself at work. Are you following proper safety guidelines and regulations? Are you properly equipped and trained to handle the machinery? Are you seeking assistance when trying to lift people or objects that are too heavy for you to handle alone?

Even if you’re following best practices and safety guidelines, accidents still happen. If you’re injured at work, you should report your injury and take the necessary steps to file for workers’ compensation. Your employer takes out workers’ comp insurance in order to cover you in these situations. Make sure you’re protecting your rights and claiming the benefits that you deserve.

Hospital workers and construction workers are professions with a high number of workers’ comp claims. If you’re injured at work, be sure to seek legal assistance from an experienced attorney who will fight for you.

If you’ve filed for Social Security Disability, it can be devastating to find out your claim has been denied. Especially if you believe your claim has been denied unfairly. But denial is not necessarily the end of the road. There are steps you can take to appeal this decision. At this point, however, you might be wondering: Is it really worth the effort? What are my chances of winning an appeal?

Unfortunately, it’s impossible to say for certain. Every situation is different; therefore, there will be factors and variables that affect everyone’s chances differently. Let’s look at a few statistics. When an appeal claim is at the reconsideration level, there’s an 85% chance it will be rejected. At the hearing level, there’s a 50/50 chance a claim will be rejected. However, there are things you can do to increase your chances. For one, hiring an attorney will increase the chance of your appeal succeeding.

There are many factors that are taken into consideration when reviewing your case — such as whether or not your condition has worsened over time. They will also likely look at whether or not you’ve been following the proper procedures. For instance, did you let Social Security know of any changes to your condition when you filed your appeal? Have you been keeping your files up-to-date, and making notes of appointments and procedures? Have you complied with all requests made by the Disability Determination Services?

It is important to make sure that you are keeping your records up-to-date, and an attorney can help make sure that you’re staying on the right track. The presence of an attorney can increase the chances of your appeal succeeding, but it’s also a good idea to work with an attorney because we can help you navigate your claim and make sure that you’re doing everything to receive the benefits that you deserve.

At Oxner + Permar, we’re dedicated to making sure that you receive the care and compensation you need — and with more than $275 million in awards and settlements, we have the experience to protect your rights.