Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability

Firm News

• Workers Compensation: North Carolina Industrial Commission shows we beat both AIG and Zurich in proving that this truck driver for a brick company had two separate accidents which both injured his knee, ultimately disabling him....
• 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 sanctions against the insurance company for failing to accept a claim when our client, an insulation installer, was in an auto accident....
• 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."...
• 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 finds that Diebold and Broadspire MUST pay weekly benefits even after they fired the injured worker from her "light duty" job....
• North Carolina Industrial Commission: OTP Lawyers stepped in to save an injured plumber whose original lawyer couldn't get the job done against Key Risk....
• North Carolina Industrial Commission: Facing down the Argonaut workers' compensation adjuster in a disputed carpal tunnel case...
• North Carolina Industrial Commission: In this case with Kemper Insurance company the NCIC found that the employer, Cintas, "schemed" to fire plaintiff while she was on light duty....

view all

Library

Workers' Compensation

• Workers' Comp Tips
• My Employer Says They Don't Have Workers Comp Insurance
• Ten Ways to Wreck Your Workers' Compensation Claim, Online Edition
• What is the Present Value of Money and Why Should I Care?
• Five Ways Doctors Can Hurt Your Case

Personal Injury

• How Uninsured Motorist Insurance protects you in a personal injury claim.

Social Security Disability

• Five Social Security Disability Tips
• What on Earth is a Workers' Compensation Offset?
• What People Applying For Disability Need To Know

General

• The Ten Worst Insurance Companies

view all

Testimonials

"From the initial interview until the check came I was treated like family. I have and will continue to recommend you to friends and family."

"I was impressed with your firm from the beginning... Although I'm sure you are totally busy with cases I always felt as though mine were the only one you were handling. All my calls were promptly returned and I really appreciate that."

"You were right up front about what the workers' compensation adjuster would try to do. I did not know anything about workers' compensation laws. I think your firm did an amazing job for me and my family."

"You were abale to spot the problems immediately and fix them."

"There's no way I could have gotten the same results without your help."

"Your office a very, very profesional office. You have always treated me with great respect, honesty, and integrity."

"You absolutely are the experts in Workers' Compensation law. You never made me feel foolish."

"You know every aspect of workers' comp and used that to my benefit."

"You were very knowledgeable and treated me with utmost respect."

"I never had another worry after hiring you."

more

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, 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:

• 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.
• 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 compensatio adjuster know she'll probably win your claim   
  Description: Here are seven things which make workers' compensation adjusters happy. Whether its 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 they've got the upper hand.
• 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?
• 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.
• Form 24, Application to Terminate or Suspend Payment of Compensation [PDF]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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 25T, Itemized Statement of Charges for Travel [PDF]   
  Description: This is the workers compensation form which is used to get mileage reimbursement for trips to the doctor which are 10 miles or more one way.
• Form 28, Return to Work Report [PDF]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: 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]   
  Description: This is the workers compensation form an adjuster uses to being 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]   
  Description: This is the workers compensation form used by an adjuster to ask if you have been working.
• Workers’ Compensation Medical Status Questionnaire. [PDF]   
  Description: 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   
  Description: 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   
  Description: 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   
  Description: 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   
  Description: 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   
  Description: 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   
  Description: 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   
  Description: 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]   
  Description: 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]   
  Description: 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   
  Description: 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.

Frequent Questions for Workers' Compensation:

• 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 Clincher?
  
• How much will my workers’ compensation settlement be?
  
• 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?
• Does it matter if I got my pay in cash?
• 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?
• 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?
• 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 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. -