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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Here are seven things which let a workers' compensation adjuster know she'll probably win your claim

1. Injured Workers Without Attorneys. This is almost a no-brainer. The Workers’ Compensation Act is so complicated and so full of loopholes that it takes a serious professional to know it all. So when a seasoned adjuster goes up against an injured worker without an attorney at his side, it’s almost a guaranteed cheap settlement for the adjuster. And saving money for the insurance company is Job #1 for the adjuster.

How OTP works to your advantage. Whether it’s getting reimbursements for your mileage; making sure your overtime, bonuses, or per diems were included in your average weekly wage; or demanding the workers’ compensation insurance company pay for your yard care or housecleaning if you cannot do it, we never let an adjuster cheap out on your case.

2. Injured Workers With Attorneys Who Aren’t Aggressive. Even better than an unrepresented injured worker is one with an attorney who doesn’t do anything. Most of their clients don’t realize how easy it to switch to an attorney who’s going to get things done. If the attorney is too slow-moving to even return phone calls or meet face-to-face with clients, he’ll never get the adjuster to back down.

How OTP works to your advantage. We are known widely for being just about the most aggressive firm in North Carolina. Our workers’ compensation attorneys take more cases to hearings than any other – and that reputation pays off even for those whose case doesn’t need to go to hearing. Adjusters know they’ll never get rid of us easily or cheaply.

3. Knowing an Injured Worker Needs the Weekly Checks. Workers’ Compensation adjusters know the Industrial Commission lets them withhold checks for no good reason. They can do this for three weeks at a time and as often as they like if an attorney doesn’t intervene. If an adjuster can do this a few times, the injured workers will be desperate to settle – and usually for the first or second offer.

How OTP works to your advantage. We move quickly to obtain orders from the Industrial Commission requiring timely payment to you. We’ve even filed motions to have workers’ compensation adjusters held in contempt if they continue to play games with your checks. The result is that most adjusters have learned not to bother our clients.

4. Doctors Who Will Return You to Work Without Restrictions. Experienced adjusters know this is a golden opportunity for them to cut your claim’s value immediately. So they hand-pick the doctors in advance to increase the chances this could happen to you. In most cases the Industrial Commission will let the insurance company adjuster cut off your weekly workers’ compensation checks, with little advance notice, unless you act fast to prevent it.

How OTP works to your advantage. We’ve developed a system for combating this. As soon one of these company doctors attempts to release you without restriction, we file a series of legal documents which require the workers’ compensation insurance adjuster to hire an attorney, provide you with a visit to a new doctor, and ultimately stall off any attempt to cut your checks off.

5. The Myth That Attorneys Will Take Most of Your Settlement. This myth is spread by adjusters, doctors, and rehabilitation professionals, but it’s often far from the truth. The adjusters’ own research group found that injured workers with attorneys average settlements that are 2.7 times greater than those without a lawyer. Workers’ Compensation Adjusters know that attorneys shouldn’t charge more than 25%, so even after paying a fee the average injured worker will get more than twice as much having an attorney as they would otherwise.

How OTP works to your advantage. Note very clearly here: We think it is a complete ripoff for attorneys to charge on ongoing benefits they didn’t get for you. We think fees should be limited to 25%. We think fees should be paid only when we win or negotiate something for you. And we don’t take cases where you’re not going to come out ahead after paying a fee.

6. Employers Who Offer Light Duty. The adjuster just wants to get you off of her payroll and back onto the company payroll as quick as possible. What happens after that isn’t her business. In fact, if your employer can find a reason to fire you then you’ll be on no one’s payroll at all. Best yet, for the adjuster anyway, is that in most situations she won’t have to put the injured ex-worker back onto weekly checks.

How OTP works to your advantage. Just as with full-duty return to work notes, we have a system in place which immediately smothers the adjuster and the employer with legal paperwork to make sure that any proposed light duty job is legal, is beneficial to you, and does not jeopardize your claim. This is a highly complex area of the law and it is one where we’ve seen hundreds of injured workers have their claims go down the drain because they were not protected by tough lawyers.

7. Rehabilitation Nurses and Vocational Rehab Counselors Who Break the Rules. These Rehabilitation Professionals are hired by adjusters to help keep costs down. But the RPs charge as much as $85.00 per hour to do this. How does that save the adjuster money? All too often it’s because the RPs are violating the Industrial Commission’s Rehab Rules. And they do it in a way which almost always guarantees a win for the adjuster.

How OTP works to your advantage. RPs have a begrudging respect for us. Many of them will privately concede that we make them tow a line that few other lawyers do. We keep databases of rehab professionals from different files and note their strengths, weaknesses, and areas where we’ve had to back them down. We don’t go into dealings with these people without being fully prepared, and we don’t let our clients do so either.