Category: Workers’ Compensation

Help! The Insurance Carrier Isn’t Paying Me the Correct Amount!


Help! The Insurance Carrier Isn’t Paying Me the Correct Amount!

When you’ve been injured at work, workers’ compensation is a vital part of your recovery process. You’re reliant on that money to pay for everything from food to bills to medical expenses. It’s important that the amount in your check is correct. Your weekly checks should be for 66.66% of your pay the year before your injury.


There are several reasons the amount might be incorrect. For instance, it’s possible that the insurance carrier just didn’t calculate your income correctly. In some cases we have seen, the insurance carrier has not accounted for overtime pay, bonuses, or other pay that falls outside of your normal work hours.


It should be fairly easy to clear up any mistakes by reviewing your pay records. Here are some things you should make sure you include in the calculation of your income:

  • Bonuses
  • Overtime pay
  • Additional allowances such as a company vehicle or travel stipends
  • Any pay that falls outside of your normal work hours


If the carrier still refuses to agree to raise your pay to meet your income after reviewing your records, an attorney can help you ask for a hearing or file a motion to clear up the underpayment. Every little bit counts when you’re out of work due to an injury. Make sure you’re receiving the compensation that’s owed to you.


Hiring an attorney can help clear up any discrepancies in pay. If you’ve been injured at work, be sure to contact an attorney at Oxner + Permar. With more than $275 million in awards and settlements, we have the experience to get you the benefits you deserve.

Workplace Deaths in 2016


Workplace Deaths in 2016

Every year, North Carolina keeps track of how many workplace deaths occur. The hope is to look at what went wrong and try to prevent future deaths from occurring. Of the 48 statewide workplace deaths that happened in 2016, two of them occurred in Forsyth County.


One was a roofer who fell from a roof. The other was an operator at a construction site whose equipment had overturned.


Labor Commissioner Cherie Berry says it’s awful to hear about falls, struck-bys and other kinds of accidents that can often be prevented with proper safety training and personal protective equipment.


It’s important to make sure you’re always following proper safety guidelines while at work. Statistics show that construction is the most dangerous type of work; manufacturing came in second. Simple things such as wearing a hardhat and other protective gear can go a long way in ensuring your safety.


Should the worst happen and you or a loved one suffer from a fatal workplace accident, know that you or your dependents are entitled to workers’ compensation. Dependents may be entitled to 500 weeks of pay at ⅔ of the deceased employee’s weekly pay.


Dealing with the loss of a loved one is difficult no matter the circumstances, but dealing with a workers’ compensation case on top of everything else can make an already awful situation exponentially worse. If you find yourself in this situation, be sure to contact an attorney at Oxner + Permar. We can help guide you through this process and take some of the stress out of a very difficult time.


If you have any questions about a wrongful death case or need guidance on how to proceed, be sure to contact an experienced attorney at Oxner + Permar for a free consultation.


What Happens When Uniforms Cause Injuries?

Workers' Compensation

What Happens When Uniforms Cause Injuries?

I’ve heard a lot of different opinions about uniforms. Some workers don’t enjoy wearing them: They say they’re not comfortable or that they lack individuality. One client mentioned to me that they didn’t like their uniform because it was just plain ugly. Other people love their uniforms: They say they’re comfy, that they make them look professional, or that it allows them to not have to think about what to wear. Regardless of how you feel about uniforms, we can all agree that none of us want our uniforms to make us sick.

Unfortunately, that’s what seems to be happening with American Airlines’ new uniforms. The airline company rolled out their new uniforms in September to more than 70,000 employees. Since then there are reports that as many as 2,000 employees have complained of sickness. With symptoms such as rashes, itching, headaches, and eye irritation, the union is already calling for a recall of the uniforms.


Although around 350 employees have already filed formal complaints, so far the uniform manufacturer’s response has been to offer uniforms made in different materials. They’re apparently working on a 100% cotton alternative uniform.


While irritation from a uniform may not strike you as something that needs a workers’ compensation claim, this is a type of injury covered by workers’ compensation. If you or someone you know has a uniform-related workers’ compensation claim, don’t hesitate to reach out to us with questions.
If you or someone you know has a uniform-related workers’ comp claim, feel free to give the experienced attorneys at Oxner + Permar a call for a free consultation.

If My Appointed Doctor is Far Away, Do I Have to See Them?

If My Appointed Doctor is Far Away, Do I Have to See Them?

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? 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.


Board Certified Attorney Bios

Board Certified Attorney Bios

We’ve talked in past blogs about what it means to be a Board Certified Workers’ Compensation Specialist, and if you’ve read those posts, you know it’s no small feat. We take great pride in our attorneys who have achieved Board Certification, and so we thought we’d introduce the 8 Board Certified attorneys we have here at Oxner + Permar: 


Todd Oxner- Todd is one of the founders and managing partners of Oxner + Permar. On top of being board certified, he is also a member of the Million Dollar Advocates Forum. He is most proud of being able to help injured workers from step one all the way through their workers’ comp claims.


Chip Permar- Another one of the founders and managing partners of Oxner + Permar, Chip is a native of Greensboro. He also is a member of the Million Dollar Advocates forum. Chip is an alumni of NC State university where he double majored in Political Science and History.


Joel Davis- In addition to being Board Certified, Joel is AV rated — the highest peer reviewed rating a lawyer can receive based on their ethical standards and legal ability. He also spends his time participating in food drives, volunteering for Urban Ministries, and working on projects with the Knights of Columbus.


Justin Wraight- Originally from New York, Justin graduated from Elmira College with a degree in Mathematics. Having spent considerable time volunteering in a Legal Aide’s office, he saw first-hand a lot of the struggles his clients went through. This experience inspired his decision to go into workers’ compensation law.


John Landry Jr.- John brings outstanding experience with general law practice to the Oxner + Permar team. Previously, he defended insurance companies and employers, so he knows what it’s like to work for “the other side.”


Kristin Henrikson- Kristin is licensed in both North and South Carolina, and as such has represented clients in both states. Wanting to represent the interests of injured workers, she joined the Oxner + Permar team in 2009.


Megan Callahan- Megan has always been driven by her desire to help others. Her undergraduate degree from NC State is in Sociology, which she said has allowed her to connect with and understand others.


Oxner + Permar has more Board Certified members than any other firm in the state. To find out more about our team, feel free to contact us or visit our website.