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Category: Workers’ Compensation

Workers’ Comp settlement, can I get out of it?

July 14, 2016
Oxner
This question: “I settled my Workers’ Comp case, can I get out of it?” calls for our favorite lawyer answer: it depends. It depends on what you mean by “settled.” If the North Carolina Industrial Commission has approved a complete settlement and you’ve received money already then no, you cannot get out of the settlement. […]
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If I settle my case am I going to have to quit my job?

July 28, 2016
Oxner
Often, but not always, an employer will ask you to resign as part of a certain type of settlement. Those settlements usually are significantly larger than being paid for your rating. When you take your rating it is extremely unlikely that you’d be asked to resign. The reason that an employer may do this is […]
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Do I pay taxes on my Workers’ Compensation benefits?

August 1, 2016
Oxner
Workers’ compensation benefits are tax-free. This means you will not pay taxes on your weekly checks or on the settlement. Social Security Disability payments are taxable though – including the amounts offset by workers’ compensation. This is technical so you should call an attorney or your tax advisor.
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Can I sue my employer for negligence?

August 12, 2016
Oxner
No. Your only avenue is through workers’ compensation. It is possible in some instances to get an additional 10% penalty against your employer if you can prove that they willfully failed to comply with any statutory requirement. While the law doesn’t specifically state, this it is generally understood to refer to a safety statute. In […]
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I was injured because of someone’s mistake. Can I sue them?

August 29, 2016
Oxner
You may absolutely sue a third party – that is someone, other than your employer, who negligently, recklessly, or willfully injured you. The catch to this is that your employer may also sue the third party in an effort to recoup the money that has been paid out on your worker’s compensation claim. There are […]
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