Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability

Firm News

• When the injured worker returned to work he was immediately fired...
  
• Workers Compensation Neck Surgery case...
  
• 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....
  

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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)

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Testimonials

"If I ever have a friend or co-worker who is injured on the job I would certainly recommend they contact Oxner Thomas + Permar to receive the best service they would ever experience. In my opinion OTP is the #1 law firm in North Carolina."

"I was trying to do it by myself for about 7 months before I finally realized that my employeer was taking advantage of me."

"I will always be grateful to Thomas Clare and OTP law and I highly recommend them to anyone who has an injury and needs an attorney."

"Eric Richardson and Shelby Kernodle were wonderful to me!
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"This was my first time ever needing help from a lawyer.  I can see why you were highly recommended to me."

"You are a 10!"

"My family and I really appreciate all you have done for us."

"Great negotiators!"

"I found Oxner Thomas + Permar just by doing a Google search.  I learned so much in your free book, and I was so glad that you could represent me in my case."

"One word describes you: professional!"

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Information for injured workers in North Carolina

Q: No doctor will see me because I have a workers' compensation claim? What do I do?

A:

Most doctors know that if you have an accepted workers' compensation claim they aren't going to get paid unless the adjuster has authorized the visit first. Even if you have health insurance the doctor may not be willing to see you out of fear that United Healthcare/Blue Cross/etc., will retroactively deny the coverage.

There is no single answer to this problem. We've found that it doesn't really help to advertise that it's a workers' comp claim when you set the appointment.  Likewise, if you have health insurance we recommend listing that as the primary payment option when you check in at the doctor's office. After the visit the health insurance company may well send you a letter asking you if it was workers' comp or a personal injury matter and, if so, you'll promise to repay them out of a settlement. At that point it's fine particularly because you've gotten the treatment you need.

If your claim is denied it is helpful to show the doctor's office and/or the health insurance company the Form 61 showing that workers comp is NOT paying the visit. This can work even if you have an accepted claim but the adjuster is denying you access to a specific physician or course of treatment. If the adjuster will put that in writing you can use the letter to show that the visit in question isn't actually part of your workers' comp claim.

Finally, we must point out that some doctors just don't like to deal with lawyers and workers' compensation.  They say it is too much paperwork, too much hassle, and they don't want to get bothered with having to give depositions and other court matters.