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Category: Workers’ Compensation

How long do workers’ compensation claims last?

June 13, 2016
Oxner
The overwhelming majority of claims are over within a year. Those are the claims where, fortunately, there is no or little lost time from work and there is no permanent disability. If your claim is denied the best estimate is that it will take a year to get a decision from the Industrial Commission. It […]
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What is a Medicare Set Aside Agreement?

June 27, 2016
Oxner
Medicare Set-Asides are phenomena that has come into full force in the last several years. In the old days if an injured worker was on Medicare and his workers’ compensation claim was still open it was pretty common for the worker and the insurance company to settle the claim. Medicare got stuck paying for all […]
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What happens when I settle?

July 5, 2016
Oxner
It depends exactly what you mean by “settle.” If you take the rating in your case then you’ll sign an Industrial Commission form and the adjuster will send it into the Commission for approval. Once it is approved the insurance company will pay the rating out to you. This usually occurs over a period of […]
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Workers’ Comp settlement, can I get out of it?

July 14, 2016
Oxner
This question: “I settled my Workers’ Comp case, can I get out of it?” calls for our favorite lawyer answer: it depends. It depends on what you mean by “settled.” If the North Carolina Industrial Commission has approved a complete settlement and you’ve received money already then no, you cannot get out of the settlement. […]
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If I settle my case am I going to have to quit my job?

July 28, 2016
Oxner
Often, but not always, an employer will ask you to resign as part of a certain type of settlement. Those settlements usually are significantly larger than being paid for your rating. When you take your rating it is extremely unlikely that you’d be asked to resign. The reason that an employer may do this is […]
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