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Email : info@oxnerpermarlaw.com Todd Oxner is a founder and managing partner of Oxner + Permar , a North Carolina workers’ compensation firm. Since 1994 Todd has been known statewide for his success in handling workers’ compensation claims.

What Should I Do After A Hit-and-Run Crash?

Personal Injury

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.

 

Is My Adjuster Allowed to Discuss My Medical Care with My Doctor?

Workers' Compensation

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 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 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?

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.

 

  1. 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.
  2. 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.
  3. 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.

Changes to Legislation to Clarify What Injuries Are Accepted

Workers' Compensation

The North Carolina General Assembly passed a new law that will impact those who are seeking medical treatment after being injured on the job. This was done to strike down the North Carolina Supreme Court’s ruling in Wilkes v. City of Greenville. In Wilkes, the Court cited the previous version of this legislation and held “an admission of compensability…entitles an employee to a presumption that additional medical treatment is causally related to his compensable injury.” In other words, this meant that once the claim was accepted on a Form 60 or 63 section 1, the burden of proof shifted to the employer to disprove that the requested medical treatment was not related to the injury.

 

The new legislation now says that an accepted claim on a Form 60 or 63 section 1 “shall not create a presumption that medical treatment for an injury or condition NOT IDENTIFIED in the form prescribed” by the Commission on a Form 60 and 63 section 1 “is causally related to the compensable injury.” Therefore, if the body part that the injured worker is requesting treatment for is not listed on the Form 60 or 63 section 1, then they bear the burden of proof. This is the case even if the Defendants have been paying for the medical treatment for weeks, months, or years.

 

If the injured worker has been receiving medical treatment for a body part, directed by Defendants, and it is not listed on the Form 60 or 63 section 1 for an extended period of time and the Defendants deny ongoing care, the injured worker must go through the formal hearing process and prove that the body part is related to the claim. This is not only a reversal of our North Carolina Supreme Court’s ruling in Wilkes, but also causes harm to the injured worker if Defendants one day stop providing care—months or years down the road.  

 

If you have been injured on the job and have questions about how this new legislation will impact your workers’ comp claim, don’t hesitate to give us a call for a free consultation. With more than $275 million in awards and settlements, Oxner + Permar has the experience to handle all kinds of workers’ comp cases.

¿Sabía que…

Workers' Compensation

…su estatus migratorio, no afecta la capacidad de recibir beneficios de compensación laboral?

 

No importa cuál sea su estatus migratorio, en el estado de Carolina del Norte si usted se lesionó o accidentó en el trabajo, usted tiene el derecho de comenzar una demanda de compensación laboral, lo que le proporcionará tratamiento médico, y cheques semanales por su tiempo fuera del trabajo.

 

 

Además, ni la compañía de seguro de su empleador, ni el abogado que representa a la compañía de seguro, pueden divulgar su información personal, como por ejemplo: al Servicio de Inmigración y Control de Aduanas de Estados Unidos (ICE, por sus siglas en inglés). Tampoco, existe el riesgo de que su empleador lo amenace con reportarlo a oficiales de inmigración, por el simple hecho de haberse lesionado o accidentado en el trabajo. Muchas veces, esto ocurre para evitar que usted presente una demanda en contra de ellos, porque saben que usted tiene ese derecho bajo la ley.

 

Si usted se ha lesionado o accidentado en el trabajo, es recomendable que se contacte con un abogado con experiencia, y así asegurarse de obtener los recursos necesarios para proteger sus derechos.  Nuestra firma, Oxner + Permar, cuenta con un gran equipo de abogados y asistentes que lo pueden ayudar en su idioma, nos enorgullece decir que le conseguiremos el resultado que usted se merece. Tenemos oficinas a lo largo del estado de Carolina del Norte, tales como en Raleigh, Charlotte, y Greensboro, entre otras.  ¡Llámenos!

Oxner + Permar