Posts By: Oxner

Email : [email protected] 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.

When Workplace Injury Leads to Disability

Workers' Compensation

When Workplace Injury Leads to Disability

If you’ve suffered a disability after a workplace injury, you might qualify for several accommodations. What kind of benefits you receive will depend on the severity of your injury and how long it will take for you to recover. There are four kinds of workers’ compensation disability benefits:

  • Temporary Total Disability (TTD)
  • Temporary Partial Disability (TPD)
  • Permanent Partial Disability (PPD)
  • Permanent Total Disability (PTD)

 

Temporary Total Disability benefits cover injuries that are severe, but that you are expected to recover from. In this case, severe means that your injury prevents you from returning to work. It is your responsibility as the injured party to prove that you are disabled in order to receive these benefits. You will stop receiving these benefits once you return to work.

 

Temporary Partial Disability benefits are given to injured employees who are able to return to work but in a limited capacity at a lower wage. You might be taking on a different job or returning to the same position, but with work restrictions. These benefits are designed to accommodate your cut in wages and recovery expenses.

 

Permanent Partial Disability benefits begin when you have reached the end of your healing period, but are still impaired in some way due to your workplace injury. The Workers’ Compensation Act outlines some of the ways  in which you might be compensated. You will receive these benefits for a certain amount of time based on which part of the body was injured.

 

Permanent Total Disability benefits are paid in the event that your workplace injury has permanently affected your ability to work at all. In these cases, if you’re considered unfit to work again, you’ll receive PTD benefits for the rest of your life.

 

Regardless of the severity of your workplace injury, you deserve compensation. It’s a good idea to speak with an attorney about the different options. An experienced attorney will be able to tell you which kinds of benefits you’ll likely need to receive and know the course of action you’ll need to take in order to get them.

 

If you’ve suffered a workplace injury that has resulted in a disability, don’t hesitate to contact Oxner + Permar. With more than $275 million in awards and settlements, we have the experience to protect your rights and get the benefits you deserve.

 

Can Minors Receive Workers’ Compensation?

Workers' Compensation

Can Minors Receive Workers’ Compensation?

Whether it’s putting money towards college, saving up for their first car, or helping out the family, many teenagers find themselves working part-time jobs on top of their studies. It’s a common part of the teenage experience. Unfortunately, young age does not prevent injury, and teenagers can get hurt at work just like anyone else. So before you get to work, it’s a good idea to know your rights.

In the U.S. all minors must be covered by workers’ compensation. In some states such as North Carolina, workers under the age of 18 are given additional protections.

 

For instance, in a regular workers’ comp case, your benefits will usually be calculated based on the amount you have made over the past year. However, if the case involves a minor, benefits will be determined according to their future earning capacity. In other words, they will look at how much the minor would be making if they’d been promoted as an adult.

 

It’s also important to note that in the case of permanent partial disability or permanent total disability cases, you may need to have a legal parent or guardian appear in court.

 

Getting a job as a teenager can be a significant first step into the adult world. As such, it’s important to be aware of your rights and know what you should do if you’re hurt on the job. Don’t hesitate to speak to an experienced attorney. We can help guide you through your case and ensure that your rights are being protected.

 

In North Carolina, workers under the age of 18 qualify for workers’ compensation benefits that take into consideration their future at their workplace. If you’ve been injured at work, don’t hesitate to call Oxner + Permar for a free consultation so we can see what compensation you may be entitled to.

Can I See a Chiropractor While Receiving Workers’ Comp?

Workers' Compensation

Can I See a Chiropractor While Receiving Workers’ Comp?

The day your workers’ compensation checks start coming in is a huge relief. It’s easier to focus on your recovery when you have some income. Make sure that you’re doing everything for your health that you can.

 

I frequently have clients ask whether or not they’ll be allowed to visit a chiropractor while they’re receiving workers’ comp benefits. They worry that since chiropractors are not M.D.s, the treatment might be frowned upon by the Industrial Commission — but this is not the case.

 

You can absolutely visit a chiropractor while receiving workman’s compensation. In fact, if you are granted permission to seek medical treatment from your employer, you are entitled to 20 chiropractic visits.

 

If you still require treatment after those 20 visits, it’s possible that you will be able to continue getting coverage. If you do require more treatment, your chiropractor will need to request authorization from your employer for the additional visits.

 

And keep this in mind: While your employer doesn’t have to authorize additional visits, they are not allowed to terminate your visits during your first 20. If your employer tries to stop you from seeing a chiropractor, be sure to mention this to your attorney.

 

If you are receiving workers’ comp benefits, you are entitled to chiropractor visits as well. If you have any questions about your rights when it comes to workers’ comp, be sure to ask an experienced attorney. We want to help you get back on your feet and feeling better as soon as possible.

 

What Can I Do after a Workplace Injury?

Workers' Compensation

What Can I Do after a Workplace Injury?

A workplace injury can leave you with a lot of uncertainty — especially if you have a disability that can make it difficult to return to work. It’s comforting to know that even if you can no longer work your old job, it’s possible that your employer could be required to provide reasonable accommodations for you, as long as it does not cause them undue hardship. This means, that whether you’re returning to your old workplace or starting work somewhere new, your employer should find a reasonably relevant and accommodating position for you, as long as you can do the essential functions of your job.

For instance, your employer may need to adjust your work schedule, acquire modified equipment, or place you in a different position entirely depending on what your work restrictions are. In some cases this may even include adjusting or modifying examinations, training materials, policies, or providing qualified readers or interpreters.

 

Don’t let employers use your disability as an excuse not to accommodate you. If you’re having trouble with an employer who refuses to take your disability into consideration, don’t hesitate to contact an attorney. It’s important to find out what your rights are when it comes to employment. Your injury shouldn’t prevent you from working.

 

If you developed a disability after a workplace accident and are having difficulty finding an employer who will accommodate your disability,  don’t hesitate to contact us for a free consultation.

If I’m Hurt at Work, What Does My Employer Need to Do?

Workers' Compensation

If I’m Hurt at Work, What Does My Employer Need to Do?

When it comes to workplace injuries, both the employer and the employee are responsible for different parts of the workers’ compensation process. If you’ve been injured at work, it’s your job to make sure you report your workplace injury as soon as possible. So what exactly is your employer required to do?

  1. Your employer must carry workers’ compensation insurance.
    This may seem like a simple step, but it’s vital that your employer carry workman’s comp insurance. There are some exceptions, but for the most part, if your employer has 3 or more employees, they are required by law to have workers’ comp insurance.
  2. Your employer must file the claim for your injury.
    As soon as your employer finds out about your injury, they are responsible for filing for workers’ compensation on your behalf. First they will file Form 19. This form is also known as the First Report of Injury, and should be filed with the NC Industrial Commission within 5 days of when you first reported your injury to your employer.
    Once your employer has filed Form 19, they must give you a copy of Form 19 as well as a copy of Form 18. Form 18 is a Notice of the Incident. You will be required to fill out Form 18.
  3. Your Employer must ensure that compensation is promptly paid.
    Finally it is your employers’ responsibility to make sure that you are being paid on time. They cannot withhold checks or delay their arrival.

If for some reason your employer is not fulfilling their responsibilities, you should reach out to a workers’ comp attorney as soon as possible. It’s always a good idea to work with an experienced attorney — we can help you from day one and make sure you know which roles you’re responsible to fulfill and which roles are required of your employer.

If you’ve been injured at work, don’t hesitate to contact Oxner + Permar. With more than $275 million in awards and settlements, we have the experience to ensure that your rights are being protected.