Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability

Firm News

• 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....
• Workers' Compensation: North Carolina Industrial Commission: The Vocational Rehabilitation Professional, from Page Rehabilitation, had a "strained interpretation of suitable employment and the duration of her proposed job search raises serious questions as to whether her objective was to benefit plaintiff or defendants."...

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Library

Workers' Compensation

• How Much Will I Pay for A Workers' Compensation Attorney
• Workers' Compensation: What to do in the case of an on-the-job injury
• Who's Paying For Your Gas?
• Here are seven things which let a workers' compensation adjuster know she'll probably win your claim
• Ten Ways to Wreck Your Workers' Compensation Claim, Online Edition

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Workers' Compensation

Have you been injured at work?  Are you unable to work, yet have bills to pay?  What will happen to you and your family?

If your injuries occurred at work or during work-related activities, and if they were due to an accident, you are entitled to workers compensation.  But how do you make sure that you get what is rightfully yours?

Let us suggest that you start by getting information. You’ve probably figured out that the adjusters don’t tell you everything. The Industrial Commission doesn’t. So we do. More importantly, we’ll give you the information you need whether you hire us or not. We at Oxner Thomas + Permar are committed to helping people with work injuries get the information they need to claim their just compensation.  That’s why we put lots of information on this website.  Feel free to browse.

But we didn’t stop there.  We are so committed to helping you that have written a book:

 “10 Ways to Wreck Your Workers Compensation Claim”

Yes, workers compensation legislation is a minefield, and all it takes is one false step and your chances at getting the money to pay your medical bills could be gone in an instant.

Don’t let that happen to you.  While you can buy our book, of course, we’ll gladly send it to you for free if you have been injured at work.  Just call our toll-free number, listen to the short recorded message, and leave your name address.  What could be easier? You don’t even have to speak with anyone and book will be on its way to you within one business day,  along with the following report:

 “10 Things Your Adjuster Doesn’t Want You To Know.”

We may be lawyers, but we will also tell you if you won’t need our help.  Even if it should turn out that you will need a lawyer, we may or may not be the right ones for you. That’s why you won’t get a hard sell from us.   We believe choosing the right attorney is an important decision, one which you shouldn’t be pressured into doing. We want you to get to know us and learn how we operate. That’s why we recommend coming in for a free consultation after you’ve read our book and materials. Then, if it feels like the right thing to do or even if you’ve just got more questions, we would look forward to meeting. Fortunately we have attorneys working in Greensboro, Winston-Salem, Raleigh, Burlington, Charlotte, Fayetteville and Asheboro. From there it’s not too much of a drive to your house if that’s what you need.

Our first commitment is to telling you the truth – about workers compensation and about what will be the best approach for you and your situation.  If we should come to a mutual decision that it would be in your best interest that we represent you, then, of course, we will be committed to fighting for you and to getting you the compensation you deserve. 

We’re also the best representation for your workers compensation case that you’re likely to find anywhere in North Carolina.  That’s because we are among the very few board certified workers comp specialists in the state.  It’s what we do, and we do it extremely well. 

For now, however, here are some of the basics you should know to get you started (until you get your book in the mail):

What is Workers Compensation?

Workers compensation is a no-fault system of social legislation designed to protect employees. It is designed to provide compensation for disability and to cover any injury-related medical care.

Each state has its own special legislation with its own rules and regulations, and, especially, its own ways of interpreting each aspect of the case.  What qualifies as an accident?  What qualifies as “in the course of employment,” what qualifies as “job-related,” and so on.

The confusion that results from such ambiguous language makes for a potential minefield, a minefield that the adjusters try to take advantage of whenever possible.  It takes a very experienced attorney to fight back successfully and to help a client get their fair compensation.

And yes, that’s exactly why you need the information in the book and the report we will send you just for the asking.

Here’s Your Immediate To-Do List For Safeguarding Your Case:

Important Notifications:

•  Make sure that your employer has notified the North Carolina Industrial Commission of your accident.
•  Make sure that you (or your attorney) have notified the North Carolina Industrial Commission as well, which must be done within 30 days of the accident.
•  Make sure to inform your employer about work restrictions.

Important Paperwork:

•  Make and keep copies of all paperwork related to your case.
•  Make sure your medical records indicate that your injuries are work-related.
• Keep careful records of mileage and prescription costs. 
• Write down important dates and witnesses so you won’t forget any of that information.  You will need to have them available for the recorded statement.

Important Note:

You may want to have an attorney represent you at the crucial recorded statement stage.

If, after reading the information on this website as well as your free book and report, you do decide that you want to speak to an attorney, do call us for that free consultation at 1-877-622-6671, and we’ll tell you if we can help you.

If we can, and you choose to accept our help, you can rest assured that you’ll have the most experienced and most committed lawyers in North Carolina on your side.  You’ll know the truth, and you’ll be in good hands.

Library for Workers' Compensation:

• How Much Will I Pay for A Workers' Compensation Attorney   
  Description: 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]   
  Description: North Carolina Bar Association brochure which outlines procedures for workers' compensation laws.
• Who's Paying For Your Gas?   
  Description: 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   
  Description: 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]   
  Description: In North Carolina the workers' compensation adjsuster 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   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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.

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Frequent Questions for Workers' Compensation:

• Can an employer cancel an injured employee's health insurance while he or she is receiving workers' comp benefits?
• When will my Workers Comp checks come in the mail?
• What is a Mediated Settlement Agreement?
• How many days of work do I need to miss in order for Workers Comp to start paying me?
• What should I do if my employer tries to get me to take sick days instead of making a workers comp claim?
• Do I need to pay back the money that I get from my workers' compensation claim to anyone?
• Will I be required to pay taxes on my Workers' Compensation settlement money?
• What is workers' compensation fraud?
• What items are used in coming up with a workers' compensation settlement?
• Can I get a second opinion in my workers' compensation case?
• No doctor will see me because I have a workers' compensation claim? What do I do?

• What questions should I ask a workers' compensation attorney in North Carolina?

• Are there driving limitations while I'm on light duty?
• What is a workers' compensation trial like?
• What is a "Trial Return to Work" in workers' compensation claims?
• How is a knee injury compensated under Workers' Compensation?
• When do you settle a workers' compensation claim?
• What do you do when you receive a Form 90?
• Are there any special rules in workers' compensation if you work out of town?
• Do private investigators follow you when you're on workers' compensation?
• What do I do if the insurance company gives me a bad check?
• I'm on Social Security Disability. Will workers' compensation make me keep looking for work?

• If I am in a company vehicle and there is an auto accident do I have a workers' compensation claim under North Carolina law or is it a person injury claim?

• How does Workers’ Compensation handle neck injuries?
  
• Can the adjuster get a second opinion on my rating?
  
• What do I do if my workers' comp case is denied?
  
• How do I settle a workers’ compensation case?
  
• What is a Workers’ Compensation Insurance Certificate?
  
• What forms are used to settle or close my Workers’ Comp case?
  
• Can I work and still receive Workers’ Compensation benefits?
  
• What can I do if my permanent partial disability rating is too low?
  
• Do I get a jury trial in Workers’ Compensation? 
• What are the Workers’ Comp laws?
  
• Is there a difference between Workers’ Comp in North Carolina and other states?
• I work out of town a lot and get extra money for meals and lodging. Is that part of my average weekly wage?
• Are tips part of my average weekly wage?
• Who must carry Workers’ Comp Insurance?
• What is the proper name for Workers’ Compensation?
• What is workers' compensation?
• How do I settle a workers' compensation case?
• Does it matter if I got my pay in cash?
• My workers' comp claim is denied. How long will it take to win it?
• How do I get my day in court in a Workers’ Comp claim?
  
• What are Workers’ Compensation Disability Ratings?
  
• What do I do if I have a complaint against my workers' compensation doctor?
• Are robberies or assaults covered by Workers’ Compensation?
  
• How does Workers’ Compensation rate my feet?
  
• How does Workers’ Compensation rate my shoulders?
• How does Workers’ Compensation rate my wrists?
• How much will my workers’ compensation settlement be?
  
• What is a Clincher?
  
• What is a Board Certified Specialist? Why does it matter?
• Who must carry Workers' Comp Insurance?
• What is the right way to resolve an appeal of Workers' Compensation with my employer?
• What is the North Carolina Industrial Commission?
• What am I entitled to if I am injured on the job?
• What is a compensable workplace injury?
• I am already receiving benefits. Why do I need an attorney?
• How are my benefits calculated?
• Why can’t I pick my own doctor?
• What is a permanent partial impairment rating?
• My employer hasn’t told me any of this. What are their responsibilities to me when I am injured on the job?
• What deadlines should I be aware of?
• I was injured on the job weeks ago and reported it to my employer but I haven’t received anything yet. When can I expect my benefits to start?
• What should I do if I am injured on the job?

Case Results for Workers' Compensation:

• The Workers' Comp Adjuster Denied a Perfectly Legitimate Claim.
• An Example of a Workers' Comp Adjuster Manipulating the Recorded Statement.
• How a Functional Capacities Evaluation Can Wreck a Claim.
• What Can Go Wrong with a Return to Light Duty Work.
• If You Go Back to Work on Light Duty, Do You Think the Adjuster Will Let the Doctor Take You Out Again?
• A Favorite Trick of Adjuster's: Send the Notice They Want to Cut Your Checks to the Wrong Address. That Way You Cannot Object to It.
• Don't Assume the Workers' Comp Adjuster is Paying You the Right Amount.
• A Real-Life Example of an Adjuster Misusing Vocational Rehabilitation.
• This Illustrates the Options You Have When You Reach Maximum Medical Improvement.

Blog for Workers' Compensation

• Todd Oxner on Board of Directors at WILG
• COBRA Health Insurance Subsidy Update
• Devin Thomas Selected for Dispute Resolution Council
• Tom Clare Achieves Board Certification Designation
• OTP Lawyers speaking around the state.
• Some Workers' Comp lawyers are ripping off injured workers
• Worst North Carolina Industrial Commission ruling I've seen lately
• North Carolina Supreme Court rules against injured workers
• US Government bails out AIG
• The North Carolina Industrial Commission has raised the mileage reimbursement rates
• What's a fair amount to pay your workers' comp attorney?
• Why does the North Carolina Industrial Commission make an injured worker look for work even when they are on Social Security Disability?
• What drives me crazy after nearly 15 years of doing workers' comp?