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Category: Workers’ Compensation

My boss just said I’m an independent contractor. Can I still get workers’ comp?

July 10, 2015
Oxner
Absolutely. There are several things which go into determining who is an employee and who is an independent contractor. But the one thing the court says we can ignore is what your boss says about it. Employers in certain business fields are notorious for calling employees independent contractors. And many employees go along with it […]
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I just started working here last month. How do they figure my average weekly wage?

July 28, 2015
Oxner
Normally the adjuster determines how much you made in each of the 52 weeks preceding the date of injury. This includes bonuses, per diems, etc. If you missed more than a week we exclude that period of time from the calculation. If you didn’t work there a full year we look at only the period […]
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Why is my employer having me come to work and just sit there?

August 7, 2015
Oxner
Short answer: because they can. Long answer: many employers and insurance adjusters are obsessed with the idea that injured workers are slackers who want to sit home and watch daytime television. We’ve met about three such workers and thousands who just wanted to get better and back to work they could safely do without further […]
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Can I be fired while I’m on workers’ comp?

August 19, 2015
Oxner
It’s a common mistake and many people think they cannot be fired while they are on workers’ compensation. While it is illegal for your employer to fire you in retaliation for you filing a workers’ compensation claim, few employers are stupid enough to tell you that’s what they are doing. The flip side of the […]
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My human resources person said I had to use my vacation and sick time before they will pay me.

September 5, 2015
Oxner
No, that is not what the law says. North Carolina law says that you do not get paid for missing work the first week but you begin getting paid the second week. If you miss the third week – or if you get a rating to an injured body part – they have to go […]
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