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)

Personal Injury

• Police Report/ Accident Report Samples
• Auto Insurance Declaration Page
• Certificate of Employment
• What to Do in Case of an Auto Accident
• How Uninsured Motorist Insurance protects you in a personal injury claim.

Social Security Disability

• Healthcare Clinics in NC with free service
• Free Clinics in Forsyth County
• Form SSA 3381
• Form SSA 827
• Form SSA 561

General

• Common Legal Terms
• The Ten Worst Insurance Companies

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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!
"

"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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Document Library

On the page below you can find links to documents, reports, publications and discussions provided by Oxner Thomas + Permar.

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Contact us for a consultation today.

• Workers' Compensation
• Personal Injury
• Social Security Disability
• General

Workers' Compensation

• Psssst! Who's that following you?
  Psssst! Who's that following you? If your an injured worker there is a good chance that your adjuster has hired a private investigator to try to stir up trouble in your case.
• NCIC Form 25T: Mileage Reimbursement form [PDF]
  Industrial Commission Form 25T: Use this to claim mileage reimbursements for all medical and rehabilitation travel of 20 miles or more roundtrip.
• Form 28T: Notice of Termination of Compensation by Reason of Trial Return to Work [PDF]
  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 [PDF]
  Form 33R: Response to Request that Claim Be Assigned for Hearing
• 10 Things Your Insurance Adjuster Won't Tell You (download) [PDF]
  No injured worker can afford not to read this controversial workers' compensation report.
• Deny & Buy (download book) [PDF]
  Written by three former defense attorneys, Deny & Buy gives you insight so you know what you're up against when you are involved in a workers' comp case.
• How Much Will I Pay for A Workers' Compensation Attorney
  How do workers compensation attorneys get paid? How much will it cost me? And can I wait until the end of the claim to pay the attorney?
• Workers' Compensation: What to do in the case of an on-the-job injury [PDF]
  North Carolina Bar Association brochure which outlines procedures for workers' compensation laws.
• Who's Paying For Your Gas?
  Has your workers' comp adjuster told you that you can be reimbursed for your mileage to doctor's visits and vocational rehabilitation meetings? If she has you're lucky because we see far fewer than half who do. Here's the whole story.
• Here are seven things which let a workers' compensation adjuster know she'll probably win your claim
  Here are seven things which make workers' compensation adjusters happy. Whether it's having a doctor who gives full-duty release to work, employers who create light duty jobs, or attorneys who don't do much for their clients, each of these let an adjuster know she's got the upper hand.
• Ten Ways to Wreck Your Workers' Compensation Claim, Online Edition [PDF]
  In North Carolina the workers' compensation adjuster has a single job: to spend as little money on your medical treatment, weekly benefits, and eventual settlement as possible. They will use the Industrial Commission to their advantage at every step of the way. Educate yourself to their traps and you may well win your claim.
• Five Ways Doctors Can Hurt Your Case
  Five Ways Doctors Can Hurt Your Claim provides information to injured workers in North Carolina to help them with their workers compensation claims. Whether they have an workans comp attorney or are dealing with the workers compensation adjuster on their own this information is helpful in understanding North Carolina Workers Compensation laws.
• Form 18, An Employee's Report of Injury [PDF]
  This is the first form that you should file if you have been injured at work. Give a copy to your employer and send a copy to the Industrial Commission. Definitely save a copy for yourself as well.
• Form 19, Employer's Report of Injury [PDF]
  This is the form which your employer should file acknowledging that you have reported a workers compensation claim, saying you were hurt at work. This does not require them to do anything.
• Form 21, Agreement for Compensation for Disability [PDF]
  The workers compensation form used most often to pay a rating for your on the job injury. It can also be used to pay weekly benefits if you are disabled but it is rarely used for that anymore.
• Form 22, Statement of Days Worked and Earnings of Injured Employee [PDF]
  This is the workers compensation form used to determine your average weekly wage. The average weekly wage is the fundamental building block for all workers' compensation claims.
• Form 24, Application to Terminate or Suspend Payment of Compensation [PDF]
  This is the workers compensation form used when an insurance adjuster or your employer wants to cut off your weekly compensation checks.
• Form 25C, Authorization for Rehabilitation Professional to Obtain Medical Records of Current Treatment [PDF]
  This is the workers compensation form used to give a rehabilitation professional permission to get your medical records.
• Form 25P, Itemized Statement of Charges for Drugs [PDF]
  This is the workers compensation form which is used to get reimbursement if you pay for your own prescriptions after you were hurt at work.
• Form 25R, Evaluation for Permanent Impairment [PDF]
  This is the workers compensation for your doctor will use to document your permanent partial disability or impairment after your on the job injury. It is not always used and the rating may just appear in his notes.
• Form 28, Return to Work Report [PDF]
  This is the workers compensation form used to document that you have returned to work. Most often it is used if you have a full duty return to work release.
• Form 28B, Report of Employer or Carrier/Administrator of Compensation and Medical Compensation Paid and Notice of Right to Additional Medical Compensation [PDF]
  This is the workers compensation form used to notify and injured worker that the adjuster has made her last payment of weekly benefits as well as medical benefits.
• Form 25C, Report of Employer or Carrier/Administrator of Compensation and Medical Compensation Paid Pursuant to a Compromise Settlement Agreement [PDF]
  This is the workers compensation form the adjuster uses to stop paying an injured worker's weekly checks. It is used when they begin a trial return to work on light duty.
• Form 28U, Employee’s Request That Compensation Be Reinstated After Unsuccessful Trial Return to Work [PDF]
  This workers compensation form is used when an injured worker cannot continue his trial return to work. This form is signed by the treating doctor and returned to the adjuster.
• Form 33, Request That Claim Be Assigned for Hearing [PDF]
  This is the workers compensation form used to request a hearing before the Industrial Commission.
• Form 60, Employer’s Admission of Employee’s Right to Compensation Pursuant to G.S. §97-18(b) [PDF]
  This is the workers compensation form which an adjuster uses to accept a claim and begin paying compensation. It can also be marked "medical only" if no weekly benefits are going to be paid but medical treatment is being paid by the employer and/or insurance company.
• Form 61, Denial of Workers’ Compensation Claim [PDF]
  This is the workers compensation form used by an adjuster to document that your claim is being denied.
• Form 63, Notice to Employee of Payment of Compensation Without Prejudice (G.S. §97-18(d)) or Payment of Medical Compensation Without Prejudice [PDF]
  This is the workers compensation form an adjuster uses to begin making payment of weekly benefits or medical benefits while reserving the right to investigate and possibly deny the claim within 90 days. That time frame can be extended to 120 days.
• Form 90, Report of Earnings [PDF]
  This is the workers compensation form used by an adjuster to ask if you have been working.
• Workers’ Compensation Medical Status Questionnaire. [PDF]
  This is the workers compensation form letter used by adjusters and employers to ask certain questions of your doctors. It is designed to be a "neutral" form which prevents the adjuster from trying to influence the doctor's answer.
• An Eleventh Way to Wreck a Workers' Comp Claim
  Every injured worker should be aware that workers' compensation adjusters often use private investigators to try catching you acting like you're not hurt. In most cases this is usually more of an irritation than real trouble as long as you follow our advice on the subject.
• How the North Carolina Legislature Made It Worse to Be an Injured Worker
  In 2005 the North Carolina State legislature passed a "reform" of the Workers' Compensation Act. In doing so they took a law which almost uniformly favors employers and their insurance companies and made it worse.
• Nine Steps to How We Work
  Do you wonder how exactly we operate? What steps we take when we agree to represent an injured worker in a workers' comp claim? These Nine Steps take you from beginning to end of our representation.
• Here's A Trap Workers' Comp Adjuster Have Been Setting Lately
  This is a trick which some adjusters have been playing lately. If you've got a minor injury and aren't going to need surgery or miss time from work you might not get burned by it. But if you have a more serious case you could be in for a rude awakening.
• Eight Steps to Better Treatment with Your Workers' Comp Doctor
  It's frustrating when it seems like the doctor isn't paying attention to you. Even if he you want to be sure to get the most out of your medical treatment. Here are eight specific steps you can take to do this.
• The Dreaded Functional Capacities Evaluation
  The Functional Capacities Evaluation tests what you are capable of doing. It's virtually impossible to "beat" the system by appearing to be more disabled than you really are. On the other hand it's all too possible to make it look like you're faking simply because you don't understand how the test is designed.
• Eight Misconceptions About Workers' Compensation
  There are a lot of misconceptions flying around about workers' compensation. Here's eight of them that we set straight.
• My Employer Says They Don't Have Workers Comp Insurance [PDF]
  In North Carolina all employers are required to carry workers compensation insurance. Many fail to do so. Additionally, many unscrupulous workers comp insurance companies unfairly and improperly cancel the workers compensation insurance leaving both the employer and the injured employee without benefits.
• What is the Present Value of Money and Why Should I Care? [PDF]
  North Carolina workers compensation insurance companies place settlement value on an injured workers compensation claim by looking at how much the case could cost them in the future. The workers compensation adjuster then determines how much they need to set aside in today's money to pay the injured worker's claim.
• Workers' Comp Tips
  Here's some pretty basic ideas about your workers' compensation claim. This is a fine place to start but it's a lot less detailed than any of the other articles in the library.

Personal Injury

• Police Report/ Accident Report Samples [PDF]
  Also known as an Accident Report and officially called the NC Crash Report, the data contained here is written by a police officer who is called to the scene of the accident. This report is the officer's version of the events and facts that surround your collision. There is a tremendous amount of information crammed into this little report. For example, the details on the form may include the location of the accident, the vehicles, parties, witnesses and/or pedestrians involved (including the license number and insurance information of each). The officer may estimate speed, vehicle damage, factors that led to the collision and if any driver is at fault. The crash sequence on the report is developed by the officer after completing his or her investigation. A diagram is also normally included. It is very important to get a copy of this report as soon as possible after the accident to verify it for accuracy.
• Auto Insurance Declaration Page [PDF]
  A personal auto insurance policy has a summary sheet that is known as the declaration page. It typically includes the name and address of the policy holder and details of your vehicle, specifically the year, model and vehicle identification number. Coverages and liability limits and the premiums for this coverage are on the declaration page and help your attorney get a total picture of your insurance coverages.
• Certificate of Employment
  We ask that your employer complete this form so that we can document in your case the amount of time you lost from work due to the injuries you received. Usually your Director of Human Resources or Personnel will be the appropriate person to fill out the form. In smaller companies, your direct supervisor can do it.
• What to Do in Case of an Auto Accident [PDF]
• How Uninsured Motorist Insurance protects you in a personal injury claim.
  If you are injured in an auto accident the other driver's insurance, such as Geico, Nationwide, Allstate, or State Farm, may not pay enough to cover your lost wages, pain and suffering, hospital bills and permanent disability. That is why it is important you carry Uninsured Motorist Coverage.

Social Security Disability

• Healthcare Clinics in NC with free service
  Note: some counties do not offer free clinic service
• Free Clinics in Forsyth County
  Healthcare clinics in Forsyth County
• Form SSA 3381 [PDF]
  Medical and Job Worksheet
• Form SSA 827 [PDF]
  Medical Authorization for SSA
• Form SSA 561 [PDF]
  Request for Reconsideration
• Form SSA 3441 [PDF]
  Disability Report Appeal
• Form HA 501 [PDF]
  Request for Hearing
• What People Applying For Disability Need To Know
  Social security claimants face long waits and family hardship as they wait for their disability claims to be reviewed. There are several ways to apply, including on line or over the telephone, but no system is quick and easy.
• Five Social Security Disability Tips
  If you read only one article on Social Security Disability read this one (or read this one first).
• What on Earth is a Workers' Compensation Offset? [PDF]
  What happens when you are drawing workers' compensation benefits and also social security disability benefits? How can a lawyer help you get the best settlement in workers' compensation and also increase the amount you get each month from Social Security?

General

• Common Legal Terms
  Dictionary of Common Legal Terms
• The Ten Worst Insurance Companies [PDF]
  These ten insurance companies collect billions in premiums and make billions in profits. All the while they deprive injured people of the insurance benefits they are entitled to.