I hear this question all of the time, and I understand my clients’ frustrations. When you’re injured on the job, it doesn’t take long for concerns to mount. You’re in pain. Out of work. You need treatment. And to top it all off, you feel like no one is on your side. When your employer and the insurance company aren’t cooperating and supporting you to the fullest extent of the law, it’s like putting salt on your already painful wound.
If this sounds like your situation, you might be wondering if you can secure payments to cover your pain and suffering. Unfortunately, workers do not get payment for pain and suffering under the workers’ compensation laws. The purpose behind the Workers’ Comp Act was to make sure that injured workers received prompt medical treatment and benefits without having to wait until the end of their case. In order to make this happen there had to be a trade off, and the trade off limits what the employee can get from the employer by allowing the employee to be compensated for medical benefits and wage loss—only.
While you won’t be able to get money for pain and suffering, keep in mind that workers’ compensation is set up the way it is because of its ultimate goal: to make sure employees get the medical compensation and payment of wage loss much more quickly than in years’ past, and in time to make a real difference.
If you’ve been injured in a car accident, you may have heard the term “negligence per se” in regards to your case. Negligence per se is what is used to determine whether or not negligence directly resulted in your injury. This could include anything from texting while driving to speeding to reckless driving in hazardous weather conditions. In order to prove negligence per se you must be able to show that:
For instance, let’s say the defendant was texting while driving, which resulted in their drifting over the centerline and striking your car. If you broke your arm in the crash, it might be possible to prove negligence per se. This scenario fulfills all of these requirements.
First of all, the plaintiff broke the law by texting while driving. The second condition is fulfilled because the law against texting while driving is to prevent drivers from causing accidents because they are paying attention to their phone rather than the road. Third, other drivers fall under the category of people this law is designed to protect. And finally, breaking your arm in the crash is a direct result of their negligence.
It’s important to note that negligence per se can be used against you as the plaintiff as well. For example, if you were the one texting while driving when another vehicle struck you, they might be able to prove that your distraction was “contributory negligence.” In other words, your texting hindered your ability to react to the situation effectively, putting you at some degree of fault.
Things were going along fine, and then you suffered a workplace injury. Now you are wrapped up in a workers’ comp case and trying to figure out next steps. To make matters worse, the workers’ compensation doctor is recommending surgery.
Chances are, you have a lot going through your head.
Perhaps you don’t want surgery. Or, maybe you want surgery, but you would rather have the procedure with a doctor you know and trust versus the one recommended by the insurance company? Another common scenario is when the insurance company sends an injured worker to a second doctor, and that doctor recommends against surgery. Sometimes workers compensation decides not to pay for the procedure—even though you know you need it.
The whole experience can be frustrating, confusing and nerve-racking, and all you are trying to do is get better and return to work. When a surgical recommendation is on the table, it is important to know your rights. At Oxner + Permar, we care a great deal about our clients. We want you to feel informed, listened to and supported. Call us to discuss your options so we can help you determine what may be the best course of action considering the particular circumstances of your case. It’s what we do, day in and day out, because we believe in making wrongs, right.
If you’ve been hurt on the job and sustained injuries to more than one part of your body, it’s possible that the insurance company is paying for treatment to one body part but neglecting the other. For example, maybe you injured your neck and shoulder at work, but the insurance company is covering only shoulder treatment. It is important that you seek treatment for other injuries so that you don’t open yourself up to further complications and risk being out of work even longer.
But if the insurance company refuses to pay, what do you do? There is help; you just need the right team to help ensure your rights are protected.
At Oxner + Permar, we will work to get the full treatment you need so that all of your injuries are covered. With our support, you’ll be able to return to work feeling confident and back to 100 percent.
One of the most important things to consider when going through a divorce is “what happens to our assets and debts?” The division of marital assets and debts is referred to as Equitable Distribution. Here “equitable” means fair rather than a 50/50 split, so it’s important to note that the court has discretion to determine what is equitable or not. It is also made without regard for child support or alimony.
When making an Equitable Distribution of property the court usually follows a three-step process:
An Equitable Distribution must be filed before a judgment for absolute divorce is entered. (The judgment is entered when it is reduced to writing, signed by the judge and filed with the clerk of court). The failure to assert a claim for equitable distribution prior to the entry of a divorce judgment will bar the right to assert an equitable distribution claim except in certain narrow circumstances. Here are some factors that the court takes into consideration when determining whether the division is equitable (though this is certainly not an exhaustive list):
