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- When the injured worker returned to work he was immediately fired...
- Workers' Compensation: The IC ruled that the employer, who willingly paid the medical claim and workers comp for the employee's foot injury, must also pay for pain management because this injury aggravated the employee's pre-existing fibromyalgia and hypertension and was now considered a chronic condition. Although it is tough to win these claims we can usually do it if we the treating physician will agree that the pre-existing condition is worse now than it was and that this change is due to the worker's comp accident....
- Workers' Compensation: The Industrial Commission denied the employee's claim for temporary partial disability compensation. The Commission ruled that the reduction in wages that our client received was because of problems with the company's workload due to the economy. It was determined that he didn't receive less pay because of his injury or from the less-paying job within the company that he had to take because of the injury....
- Workers' Compensation: The NC Industrial Commission determined that the employer was required to pay our client's medical bills and also continue workers' compensation payments until our client could find a job with his limited physical capabilities. The employer was unable to find work for him at the company and he was fired, which was unacceptable, although it was explained by the employer as happening because of excessive absences....
- Workers' Compensation: The North Carolina Industrial Commission threatened to hold CNA in contempt of court because they refused to authorize the medical tests which would prove that the plaintiff was unable to do his job. This was a classic example of an adjuster getting an opinion from a reliable doctor and then refusing any other evaluation which could help the injured worker....
- Workers Compensation: The North Carolina Industrial Commission held that National Benefits Association had wrongfully denied this claim for more than a year...but only when the Industrial Commission finally heard all the evidence -- that the employer admitted that they knew the plaintiff was hurt, that they had sent him to a doctor but didn't follow his direction, and that there was no way our client could do his job with his severely-injured back....
- Workers' Compensation: North Carolina Industrial Commission says Liberty Mutual must provide yardcare and housecleaning to an injured brickmason....
- Workers' Compensation: North Carolina Industrial Commission rules that a restaurant dishwasher who slipped and fell, and was taken straight to an emergency room has proven that he was injured on the job....
- Workers' Compensation: North Carolina Industrial Commission finds that Diebold and Broadspire MUST pay weekly benefits even after they fired the injured worker from her "light duty" job....
- Workers' Compensation: North Carolina Industrial Commission rules against The Hartford Insurance Company and holds that a nurse who was still on her employer's property when she was hit by a car is within the course and scope of her employment and entitled to workers' compensation benefits....
Library
Workers' Compensation
- Psssst! Who's that following you?
- NCIC Form 25T: Mileage Reimbursement form
- Form 28T: Notice of Termination of Compensation by Reason of Trial Return to Work
- Form 33R: Response to Request that Claim Be Assigned for Hearing
- 10 Things Your Insurance Adjuster Won't Tell You (download)
Testimonials
"Mr. Richardson and Ms. York were always available - and they did a terrific job."
"Chip Permar and his team were outstanding!"
"You showed so much concern for me as a person -- there is such a personal touch to everything you do."
"I don't know what I would have done without you!"
"We were nervous at first, but you put us at ease."
"John and Stephanie were patient with me. Great teamwork!"
"Being injured turned into a life-changing event, but it was comforting to know that you understood me and were only a phone call away."
"You guys are on top of your game."
"I researched law firms on the internet, and I could not have asked for a better attorney."
"Whenever I called I got answers."
Workers' Compensation
Doctors For Sale! Return to Work Notes For Sale! Case-destroying Opinions For Sale!
Doctors For Sale! Return to Work Notes For Sale! Case-destroying Opinions For Sale!If your employer is trying to bring you back to work
If your employer is trying to bring you back to workSeven Things Which Let a Workers' Comp Adjuster Know She'll Probably Win Your Claim
Seven Things Which Let a Workers' Comp Adjuster Know She'll Probably Win Your ClaimWere You Injured by Someone's Negligence?
Were You Injured by Someone's Negligence?The adjuster is sending you to the doctor... are you safe?
The adjuster is sending you to the doctor... are you safe?How the Legislature Threw a Bone to the Insurance Companies' Favorite Pitbulls
How the Legislature Threw a Bone to the Insurance Companies' Favorite PitbullsNew Law Redefines Suitable Employment
If you used to make $50,000 per year, you can now be forced to take a part-time minimum-wage job 50 miles from your home.Key Risk + Company Doctor + Light Duty Job = Disaster
The workers' compensation adjuster sent the injured worker to a doctor who would release him to light duty work, and when he did return to light duty work she stopped his checks. Within hours of the adjuster stopping the checks, the employer fired him for an "offense" committed before the accident ever happened, months before.Workers' Comp Adjusters are using private investigators more and more
Pssst! Who's that following you? If you are an injured worker, there's a good chance that your adjuster has hired a private investigator to stir up trouble in your case.The Problem with Company Doctors, Part I
This company doctor released our client to full duty work only two months after he performed a cervical fusion on her. Then the insurance company filed a Form 24 to cut off her checks.What do you really want in your workers' comp claim?
Injured workers tell me they want to get better, they want to return to work, and they want to get back to normal. So why do many insurance adjusters, company doctors, and politicians say that injured workers will do anything -- even have unnecessary surgeries -- just to make money?Kid's Chance Golf Tournament
Workers' compensation, personal injury, and social security disability attorneys are sponsoring the 2010 Kid's Chance Golf Tournament, raising scholarship money for the children of injured workers.Are Company Doctors Accurately Reporting Workplace Injuries?
Raleigh Office Adds John Landry
Kristin Packard Joins Charlotte Office
Todd Oxner on Board of Directors at WILG
Todd Oxner recently joined the Board of Directors of the Workers Injury Law and Advocacy Group (WILG) based in Washington, DC. This non-profit organization promotes the rights of injured workers by joining together plaintiff attorneys across the country. The group shares knowledge and offers support, all in the interest of helping injured workers and their families.COBRA Health Insurance Subsidy Update
Devin Thomas Selected for Dispute Resolution Council
Tom Clare Achieves Board Certification Designation
Tom Clare, chief attorney in the Raleigh office, recently passed the Board certification written exam. This elevates Tom to the highest level in the practice of workers' compensation. Less than 2% of all attorneys have passed Board Certification exams. It is one of the highest honors an attorney can receive. Oxner Thomas + Permar is proud to now have four Board Certified attorneys.What drives me crazy after nearly 15 years of doing workers' comp?
I've got a list:
- Insurance company adjusters who take advantage of an injured workers' unfamiliarity with the law.
- When the Industrial Commission rules against an injured worker on a technicality (I believe a tie always goes to an injured worker).
- Workers' Comp attorneys who let adjusters run all over their clients.
- Attorneys who do not provide educational materials to their clients to help them understand what is going on in the case.
- Workers' Compensation attorneys who claim they are "aggressive, experienced, determined, etc.," but never take tough cases to hearings.
What's a fair amount to pay your workers' comp attorney?
The short answer: No more than 25% of the benefits which the attorney gets for you. We never do that.
The long answer: Some attorneys are demanding 25% of an injured worker's checks from the moment he walks in their door. We think that is taking advantage of the workers' comp claimant. That is completely unfair. We don't take cases if we cannot add value to them -- and we don't expect to get paid until we do. You should never have to give up any of your money (which you need to live on) until the lawyer has done something for you. And filing a couple of form letters with the Industrial Commission isn't enough to earn a fee. In fact it is virtually unheard of for the NCIC to award a fee of more than 25%.
As a general rule we think it is improper for a lawyer to take a cut of your weekly check unless she actually went to a hearing to get the checks started, or if he kept the checks going at a hearing. But if an attorney asks you to pay them from the minute they represent you, or if they write a couple of letter and make some phone calls to get checks started and then want 25% of your money forever, you should seriously consider whether they are in it for your best interests or just for your money.
Our book
"10 Ways to Wreck Your
Workers Compensation Claim"
Our controversial report
"10 Things Your Insurance Adjuster Won't Tell You"
"Deny & Buy" - Confessions of Former Insurance Defense Attorneys
"Lightning Strikes Twice" - How to Avoid Becoming a Victim of Personal Injury Insurance Companies
Download a copy of each book in the Library section or click on a title above, and we'll mail it to you.
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FAQs
Workers' Compensation
The accident wasn't my fault so can I sue my employer?
If I can't sue my employer, can I sue someone else?
What is "Maximum Medical Improvement" and what happens at that point?
Case Studies
Workers' Compensation
What Can Go Wrong with a Return to Light Duty Work.
How a Functional Capacities Evaluation Can Wreck a Claim.
An Example of a Workers' Comp Adjuster Manipulating the Recorded Statement.