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a pre-existing condition can reduce workers comp benefits.

Ohio Workers’ Compensation and Pre-Existing Conditions: What You Need to Know

May 25, 2023 No Comments

When filing for workers’ compensation in Ohio, understanding the impact of pre-existing conditions on any possible claims is key. It’s important to note that if your claim involves a pre-existing condition, you may receive different compensation than if you only had the new injury or illness, as the insurer may not cover all related costs.

Additionally, existing conditions can influence the time and money you are entitled to receive for lost wages and medical bills.

Understanding how pre-existing conditions work with Ohio Workers’ Compensation can be critical to ensuring that claimants get all of their money benefits and medical care they are entitled to under state law.

Our Columbus workers’ compensation lawyers are here to help you with your case.

What Qualifies as a Pre-Existing Condition Under Ohio Workers’ Compensation?

In workers’ compensation cases, a pre-existing condition is any medical condition for which medical treatment was received before the work-related injury or illness occurred. That means any health conditions you’ve previously been diagnosed or treated for—even if you don’t experience any symptoms—can be classified as pre-existing.

Common examples of pre-existing conditions include prior injuries, degenerative conditions, and chronic illnesses such as arthritis, heart disease, and diabetes. If a worker has a pre-existing condition that exacerbates an existing injury or illness caused by workplace activity, their claim could be denied or reduced due to prior treatment.

However, you can still qualify for workers’ compensation if your work-related injury or illness aggravates your pre-existing condition significantly more than expected, given your previous diagnosis and treatment. Whether your pre-existing condition prevents you from getting the full benefit of workers’ compensation in Ohio depends on the circumstances surrounding your particular case.

How Pre-Existing Conditions Impact Ohio Workers’ Compensation Claims

When you file a Workers’ Compensation claim in Ohio, the insurance company will consider any pre-existing conditions when evaluating your eligibility and what kind of compensation you can expect if your claim is approved.

That’s because pre-existing conditions can influence the type and benefits you receive. They can also determine how long you’ll stay out of work and how much disability income you’ll be eligible for.

Here are the two main ways a pre-existing condition can affect your Ohio Workers’ Compensation claim.

Eligibility

Depending on the circumstances, a pre-existing condition may make it more difficult to prove that your work directly caused the injury or illness you’re filing a claim. In some cases, it may even disqualify you from receiving any benefits.

Amount of Compensation

If it’s determined that your work did contribute to the injury or illness (in part or in full), then any disability payments you receive may be impacted by pre-existing conditions, as they limit the severity of impairment. This means that although you can still receive benefits, they might not be as generous as they would be without a pre-existing condition present.

So if you have a pre-existing condition and are considering filing an Ohio Workers’ Compensation claim, consult an experienced attorney who can advise on what to expect when applying for this type of benefit.

An old injury may affect your workers' comp claim.

Exceptions to Pre-Existing Conditions in Ohio Workers’ Compensation

You might not know this, but even if you had a pre-existing condition before experiencing an occupational injury, that doesn’t always mean you won’t be eligible for workers’ compensation. In the state of Ohio, there are exceptions to the pre-existing conditions rule.

Aggravation Due to Job Duties

In some cases, even if the injured worker already had a pre-existing condition, they may still be eligible to receive workers’ compensation if they can prove that their injury or illness was aggravated or worsened by their job duties.

For example, if an employee has chronic neck pain due to a pre-existing neck injury and further injures it from lifting objects as part of their job responsibilities, they could qualify for workers’ compensation.

Doctor Diagnosis Required For Approval Of Claim

To be approved for workers’ compensation, you must get your condition diagnosed by an authorized doctor in Ohio and provide documentation proving that the injury or illness related to your job duties.

The doctor would need to determine what percentage (if any) of your injury was caused by a pre-existing condition versus an aggravated condition from performing your job duties to approve your claim.

Steps To Take When Dealing With Pre-Existing Conditions In An Ohio Workers’ Compensation Claim

Filing for Ohio Workers’ Compensation can be more complicated if you have a pre-existing medical condition. Here are the steps you should take to make sure your claim is handled properly:

Notify Your Employer

Let your employer know as soon as you’re injured, even if it’s related to an old injury. You should also complete an Employer’s First Report of Injury and Illness form so you make sure to receive the maximum compensation you are entitled to.

Receive Medical Treatment

It’s crucial that you get the proper medical treatment for your injury or illness as soon as possible so that any delays in receiving care don’t affect your Workers’ Comp claim.

File A Workers’ Compensation Claim

While filing this claim doesn’t mean you are admitting liability on behalf of your employer, it begins the appeals process and sets certain deadlines that must be met to receive benefits. Make sure to keep all documents related to your injury in case they need to be submitted with the claim.

Gather Evidence

You may need proof that ties your pre-existing condition to the workplace injury or illness for it to be accepted by an Ohio court or workers’ compensation board panel member. It’s a good idea to consult with an experienced attorney who can help guide you through each step of the process and advise on how best to present this evidence during hearings and depositions.

Keep Records

You should also keep track of any lost wages, medical treatment costs, or other expenses related to your injury. This information can be used to increase the compensation you are entitled to. It’s important to note that since Ohio’s Workers’ Compensation system is a no-fault system, you don’t have to prove that your employer was at fault to receive benefits.

If your claim is denied or you feel that you are not getting the full benefits you are entitled to, you can file an appeal with the Ohio Industrial Commission, which will review the decision.

An injured worker may sometimes pursue a civil lawsuit and appeal a Workers’ Compensation claim. However, it’s important to understand that the Workers’ Compensation system is designed to provide certain benefits to injured workers, so it’s best to exhaust those benefits before considering other legal options.

Contact Columbus Workers’ Compensation Lawyers 

Now that you know more about the importance of understanding pre-existing conditions in Ohio Workers’ Compensation, you are better armed to protect your rights and ensure you get the compensation you deserve for your injuries. It is important to remember that if there’s anything unclear, then don’t hesitate to contact an experienced attorney.

Our Ohio Workers’ Compensation Lawyers are here to answer any questions and guide your situation. If a pre-existing condition affects your case, we’ll work with you to ensure the outcome is in your favor. Contact us today for a free consultation. We look forward to helping you out!

An Ohio workers compensation claim with the word denied

How to Appeal a Denied Ohio Workers Compensation Claim

May 11, 2023 No Comments

Have you been denied workers’ compensation in Ohio? You’re not alone. Every year, thousands of workers comp claims are denied in Ohio. The good news is that you have the right to appeal your denial.

The bad news is that battling a workers’ compensation claim denial can be complicated—even more so if you don’t know where to start. That’s why it’s important to understand how to appeal a denied Ohio workers compensation claim.

This article will explain what you need to know about appealing your claim, including when and how to submit an appeal and what documents you’ll need. Let’s get started!

Reasons for Denial

There are a few common reasons you may have been denied, such as missing a filing deadline, lack of medical evidence to support your claim, or the employer believing that your injury was pre-existing before the date of the accident.

Another common reason for denial is misconduct on your behalf, including intoxication or an unsafe working environment. Lastly, the state board might deny your claim if there’s a dispute over causation for your injury.

Review Your Workers Comp Claim

It’s possible that the denial of your Ohio workers comp claim was a result of a mistake or oversight. That’s why reviewing the Ohio Bureau of Workers’ Compensation (BWC) documents is important to ensure everything is in order.

When you receive the BWC decision, read it thoroughly and review all the dates, details, and descriptions in your initial claim. Make sure that any information included in the claim is accurate and complete. If any part is wrong, dispute it immediately and submit additional documentation as needed.

Notify Your Employer

You must notify the employer in writing that you are filing a claim for Ohio workers’ compensation and the reason for the claim. This must be done within two years from the date of injury or when you first knew or should have known that your injury was work-related. You’ll also need to provide your employer with medical records related to the claim.

Your employer is required to have a “notice of injuries,” which is available from the Ohio Bureau of Workers’ Compensation, so make sure your employer has one handy so you can provide all the necessary information for your claim.

File a Notice of Appeal

You have one more step in appealing your denied Ohio workers comp claim. The good news is it can be done quickly and without much hassle. The bad news is that you only have a limited time to do it.

The Notice of Appeal must be filed within 30 days after the Ohio Bureau of Workers’ Compensation’s order date. Within those 30 days, you must begin the appeal process by filing a Notice of Appeal with the BWC Office of Appeals.

You will need to include the following in your notice:

  • Your name
  • Your Social Security number
  • The date of the Ohio Bureau of Workers’ Compensation’s order
  • The name of the court or administrative agency with which you are appealing and any case number assigned by that court or agency
  • A brief summary of your dispute and why you are appealing.

Once your Notice of Appeal has been received, you will receive a copy back from the appeals court, which will let you know that your appeal has been officially accepted and is being considered by the Ohio Bureau of Workers’ Compensation for review and further action.

You can appeal a denied workers comp claim in Ohio

Request a Hearing

You can request a hearing with the Bureau of Workers Compensation if your Ohio workers comp claim is denied. Here’s what you need to do to make it happen.

  • Get a formal written response from your employer or their insurer.
  • Set up an appointment with the Bureau of Workers Compensation. You can do this online or by calling 800-OHIOBWC (800-644-6292).
  • Fill out the “Application for Adjudication of Claim” form on the website and have it delivered to the Ohio Bureau of Workers’ Compensation at least 14 days before your hearing date.
  • Ensure you bring all relevant evidence, medical records, and any documentation regarding your claim and injury to your hearing.
  • If applicable, bring along witnesses who can speak to your injuries and work environment.

A panel of commissioners will review any evidence presented on both sides and then decide whether or not you are entitled to workers’ compensation benefits. If they decide in favor of you receiving benefits, they will issue an order that outlines them in detail, including wage replacement payments, medical care, and more.

Prepare for the Hearing

Once your appeal is accepted, it’s time to prepare for the hearing. This part of the process can be intimidating, but if you follow a few simple steps, you can show your case in a way that gives you the best chance of success.

Here’s what you need to do to prepare for the hearing.

  • Ensure all medical records and documents related to your workers’ compensation claim are up-to-date and organized.
  • Research Ohio workers’ compensation laws so you know your rights and responsibilities.
  • Get a qualified attorney specializing in Ohio workers’ compensation law to represent you at the hearing, if possible – or qualify for free or discounted legal services from non-profit organizations like Legal Aid or Ohio Center for Law-Related Education (OCLRE) if funds are tight.
  • Consider seeking testimony from an expert witness who can provide credible evidence that backs up your case and explains complex medical information understandably, if necessary.
  • Rehearse what you’ll say at the hearing before it takes place so that you can present yourself confidently and give clear answers when questioned by the judge or mediator presiding over your case.

Attend the Hearing

The process of appealing a denied Ohio Workers’ Compensation claim can be daunting—but you’re almost there. The next step is to attend the hearing scheduled by the Bureau of Workers’ Compensation and follow the steps outlined below.

Schedule an Appointment

The Ohio Bureau of Workers’ Compensation is usually responsible for scheduling hearings. Get in contact with them and set up a time for your hearing. It’s important to do this as soon as possible—it can take anywhere from months to over a year for your hearing date to be set, and you don’t want to miss out on getting any time-sensitive evidence ready.

Bring Representation

It’s best to bring someone with you with experience in appealing Ohio Workers’ Compensation claims, as they’ll know what kind of questions the administrative law judge might ask and what kind of evidence they might need. They’ll also be able to represent you better than if you were on your own.

Our Ohio Workers’ Compensation Lawyers Are Here To Help You With Your Appeal

If your Ohio workers’ compensation claim has been denied, don’t despair. You can still appeal the decision to get connected with the resources and help you need. Our Ohio workers’ compensation lawyers are here to help you with your claim, providing personalized advice and guidance for success.

We provide legal representation for all stages of a denied workers comp claim in Ohio and can provide the insight and experience necessary to mount an effective appeal case before the Bureau of Workers Compensation. Our team is committed to helping employees get the benefits they deserve, no matter how complicated their situation may be.

Don’t wait to seek medical attention or advice. Call us today at (833) 406-0060, and let us help put you on the path toward financial security while recovering from an injury.

your workers compensation claim must be backed by evidence

How to Document Your Workplace Injury for an Ohio Workers Compensation Claim

April 26, 2023 No Comments

If you’re an Ohio resident who has recently suffered an injury at work, you may be wondering what the steps are to file a workers compensation claim. We want to offer some insight into how to properly document your workplace injury so that you get the financial and medical support you need.

Filing a workers’ compensation claim can be intimidating, but with some preparation and organization, you can ensure your case is as strong as possible. We will lay out everything from what documents you should have ready to tips for ensuring your claim is complete and accurate. We’ll also tell you what to do if the process becomes difficult along the way.

Seek Medical Treatment Immediately

It’s no secret that workplace injuries can be debilitating. But if you’re a worker in Ohio, it can also be expensive if you don’t take the right steps to ensure your Ohio workers’ compensation claim is properly documented.

The first and most important step is to seek medical treatment immediately after the injury and document it along the way.

Medical evidence is crucial in proving your workers compensation claim in Ohio and can include anything from a doctor’s diagnosis and treatment records to prescriptions, notes, and even pictures. Make sure to keep copies of all medical documentation related to your injury—including bills—so you have an accurate record of your injury’s impact on your life.

Report the Injury to Your Employer

Reporting your workplace injury is an essential part of the process when filing for Ohio workers’ compensation. To qualify, you must notify your employer of the injury within one year of the incident.

It’s important to document your injury in writing so that you have a record of reporting it. You should consider sending this notification via certified mail so that you can track receipt and ensure that it’s properly documented. This will help ensure that all the facts are stated and everyone involved knows the situation.

When notifying your employer, be sure to include details such as:

  • Date, time, and location of the injury
  • Names and contact information for any witnesses
  • A description of how the injury occurred
  • The nature and extent of your injuries
  • Any medical care received immediately following the incident

If your workplace injury requires more extensive treatment or if you have a permanent disability, be sure to make that clear in your report so that your claim has a higher chance of being approved by Ohio workers’ compensation.

Document the Details of the Injury

No matter how you were injured, there are a few key pieces of information that you’ll need to document to get the compensation you deserve.

Incident Report

First and foremost, you’ll need an incident report. This report includes the date and time of the incident, as well as details of the injury and any resulting medical treatment. Ensure to include all relevant information on the report even if it doesn’t seem important – it could be useful.

the incident report can help you prove your workers' comp claim

Doctor’s Notes

Lastly, get doctor’s notes documenting any treatment or exams related to your workplace injury. This includes visits with doctors or specialists, physical therapy sessions, or diagnostic tests like MRIs. Documentation from healthcare professionals can go a long way in proving your case.

Take Photos of the Injury and the Scene

If you are injured on the job, the first thing to do is to take photos of the injury and the scene. Photos can provide a visual record of what happened and if there were any hazardous conditions or anything that contributed to causing your injury.

You should also take photos of any equipment, tools, or materials involved in your injury. If you have an Ohio Workers’ Compensation attorney, they may be able to use these photos as evidence.

Also, be sure to document all the details of your injury. Make sure you write down the following:

  • When your injury occurred
  • Where it occurred
  • How it occurred
  • Who was involved in the incident
  • A brief description of your injury
  • What type of treatment you received

Get Witness Statements

When you get injured on the job, one of the most important things you can do is to be proactive about getting witness statements. The more details you can provide about your workplace injury and the incident leading up to it, the better.

Getting witness statements doesn’t just mean asking people who saw the incident — it’s also worth reaching out to anyone who witnessed it. Such as if someone saw you limping afterward or heard the loud noise that caused your injury. All of this information will help back up and bolster your claim.

Here are a few tips for getting witness statements:

  • Contact anyone near the accident as soon as possible while the details are still fresh in their minds.
  • Ask them to write down their recollection of what happened and sign it — a simple letter or email is fine!
  • Have them include relevant information like dates, times, and other key details they might recall.
  • Be sure to get contact information for all witnesses in case the Workers’ Compensation Board has questions later.

Keep Track of Your Medical Records

It’s critical to keep track of all medical records related to your workplace injury. These documents are essential for your workers’ compensation claim and can also help you with any future legal proceedings.

What Records Should You Keep?

You should maintain an extensive collection of records, including:

  • Any paperwork you receive from your employer, such as incident reports and witnesses’ statements
  • Medical bills, prescriptions, and receipts related to the injury
  • Records of lost wages or changes to your earning potential due to the injury
  • Copies of any correspondence with insurers or the Ohio Bureau of Worker’s Compensation
  • Medical documentation that explains the diagnosis and treatment plan for the injury
  • Records if a third party is liable for your injury

It’s also important to ensure all documents are kept in an organized way. The more organized they are, the easier to refer back to them when needed. Plus, having well-organized documents can reduce any confusion when submitting a workers’ compensation claim in Ohio.

Book a Free Consultation With Us Today! 

When filing for a workers compensation claim in Ohio, you need to have all the facts and details organized. Not sure where to start or if you’re doing it correctly? We can help! Our team at the Ohio Workers Compensation law firm is here to ensure that your paperwork is accurate and that your claim goes off without a hitch.

We will work with you every step of the way. From helping gather witnesses to ensuring that your medical documents are properly prepared, we are here to provide peace of mind and our expertise so that you can focus on recovering from your injury.

Plus, we provide free consultations. That’s right — no charge for an initial review of your workplace injury documentation and legal advice about the best course of action for you. All you have to do is call us today at (833) 406-0060 or book an appointment online.

Ohio workers' compensation claim

Ohio Bureau of Workers’ Compensation: How It Works

April 12, 2023 No Comments

Have you heard of the Ohio Bureau of Workers Compensation (Ohio BWC)? As an employee in Ohio, you’re probably aware that employers are required to provide workers’ compensation coverage to their employees. But do you know how the Ohio workers’ compensation process works?

Let’s cover what you need to know about the Ohio Bureau of Workers’ Compensation (Ohio BWC). We’ll talk about how it works and how to get the available benefits. We’ll also discuss some important tips for filing a claim and avoiding pitfalls.

If you need help filing a claim, our Columbus workers’ compensation lawyers can help.

What Is the Ohio Bureau of Workers’ Compensation?

The Ohio Bureau of Workers Compensation (BWC) is the state’s primary resource for protecting Ohio’s labor force and ensuring a safe, healthy workplace. It provides workers with essential medical and financial benefits when injured and offers employers a range of services to help protect their businesses.

How does this work? The BWC helps employers implement effective injury management systems in their workplace, including providing education and training on preventing accidents and injury. It also supports employers in developing a comprehensive risk management plan to minimize the chance of occupational injuries and illnesses.

It provides medical care, compensation payments for lost wages, and other benefits to help injured workers recover. The BWC also administers benefits for survivors of fatalities due to work-related accidents or illnesses.

All employers in Ohio are legally required to join the BWC and contribute premiums to cover their employees’ compensation costs. In addition, all businesses that have five or more employees must have workers’ compensation insurance coverage from an authorized provider.

Eligibility for Ohio Workers’ Compensation Benefits

If you or a family member have suffered an injury or occupational disease while on the job, one way to get help is through the Ohio Bureau of Workers’ Compensation, commonly called the Ohio BWC.

To qualify for Ohio workers’ compensation benefits:

  • You must be employed in Ohio and covered by workers’ compensation insurance.
  • You must have experienced an injury or illness in connection with your work.
  • You must report your injury to your employer and file a claim with Ohio BWC within two years.
  • You must comply with all medical treatment plans.

If you are considered permanently disabled due to a work-related injury, it’s important to remember that these benefits are available for as long as you require them—even after retirement—to cover medical treatments and related costs that arise from the condition. These long-term payments will continue until death, or you have received payment sufficient to compensate you for the duration of the disability.

Steps for Filing an Ohio Workers’ Compensation Claim

So how do you go about filing a claim with the Ohio BWC? Several steps are involved, but don’t worry—it’s not as complicated as it sounds. Here’s an overview of the process.

Step 1: Report the Injury or Illness

The first step is to report the injury or illness to your employer or a claims representative. If you suspect your injury or illness is work-related but are unsure, you should still report it and have it officially considered as a work-related injury.

Our lawyers can help you with the Ohio workers’ comp process.

Step 2: Submit Your Claim Form

Once you’ve reported your injury or illness, the next step is to submit a Claim for Workers’ Compensation Benefits form to the Ohio BWC. This form includes information about the injured employee, such as name, social security number, type of injury, date of injury, and signature. The form should also include all pertinent medical information and diagnosis provided by medical personnel.

Step 3: Finalizing Your Claim With an Adjuster

After submitting your claim form, an adjuster from Ohio’s BWC will review your case and contact you directly if any additional information is needed. Once approved by an adjuster, approved benefits are paid directly to injured workers.

So there you have it—the three-step process for filing a claim with Ohio’s Bureau of Workers’ Compensation!

Other Resources to Support Workers in Ohio

The Ohio Bureau of Workers Compensation (BWC) also provides other resources and services to help injured workers in the state. Depending on your situation, there may be other options to help you with your claim and get the benefits you deserve.

Here’s a look at some of those resources for injured workers in Ohio.

Training Programs

The BWC offers both online and in-person training programs for employers to learn about workers’ compensation and how to handle claims. This can be helpful for employers who are new to the process since it helps them understand their responsibilities when it comes to providing benefits for injured workers.

Ombudsman Program

The BWC also has an Ombudsman Program, which was created as a way to help employers and employees resolve disputes quickly. The Ombudsman can mediate between the two parties and recommend how to resolve their issue. This program is completely free and voluntary, so it’s worth considering if you have a dispute that needs to be resolved.

Injury Prevention Consultation Services

If an employer wants to reduce or prevent workplace injuries, the BWC also provides consultation services that can help. They offer safety assessments of job sites or workplaces and consulting services that can guide how best to prevent workplace injuries.

This can be especially beneficial for employers just starting the workers’ comp process, as they’ll have access to expert advice on how best to protect their employees from injury or illness while working.

Contact Our Columbus Workers’ Compensation Lawyers

Our Ohio workers’ compensation lawyers are here to answer your questions, help you complete the paperwork, and ensure you get the compensation you deserve.

We are here to ensure you have access to the right lawyers and resources to protect your interests in this process to get the full benefits that should be available to you as per Ohio Workers’ Comp law. Call us today at (833) 406-0060 to learn more about how we can help with your claim!

How is an Ohio workers’ compensation settlement calculated?

Understanding How a Workers’ Compensation Settlement Is Calculated

March 28, 2023 No Comments

Have you recently suffered an injury at work, and you’re wondering how much compensation you’re entitled to? Then this article is for you! Understanding how a workers’ compensation settlement is calculated can be confusing and overwhelming.

Some legal implications and procedures have to be followed to calculate the proper settlement amount. The settlement amount is determined by the type of injury, the financial losses incurred due to the injury (such as medical bills and lost wages), and other evidence that may affect the award.

This article will help simplify a complex process, so don’t worry if it all seems overwhelming now! We’ll cover everything you need to understand how a worker’s compensation settlement is calculated.

What Is Covered in a Workers’ Compensation Settlement?

When it comes to worker’s compensation, you may be wondering exactly what types of damages a settlement will cover. Will you get paid for all the medical costs of your injury or just some? What about income replacement while you’re off work? Or non-economic damages such as pain and suffering?

Generally speaking, most settlements cover:

  • Reimbursement for medical bills related to the injury
  • A portion of lost wages while off work due to injury
  • Permanent disability payments based on the severity of your disability

Ohio workers’ compensation does not cover non-economic damages such as pain and suffering.

How Is Workers’ Compensation Calculated?

You may have heard that worker’s compensation settlements are determined based on a few factors, including the amount of time you were off work and the severity of your injury. But what does this all mean for you?

The amount of your worker’s compensation settlement is calculated using a formula. Here’s how it works.

Lost Wages and Benefits

The Ohio Bureau of Workers’ Compensation will consider lost wages when calculating worker’s comp benefits. This includes wages lost due to reduced hours or full salary loss while on leave due to an industrial injury.

Medical Bills and Expenses

The state will also factor in any medical expenses incurred as a result of the injury—things like hospital stays, medications, transportation to doctor’s appointments, etc.

Permanent Disability

If your injury results in permanent disability, additional compensation may be awarded based on the degree of disability.

Putting it together all these components are totaled and added together, so you get an appropriate payout for your case. Ohio has its own rates for worker’s comp.

A Columbus workers’ comp lawyer will do everything possible to ensure that you receive a fair payout that adequately compensates you for your workplace accident.

Your workers’ comp lawyer will fight for the maximum benefits.

Who Determines the Amount of the Settlement?

In order to understand how your worker’s compensation settlement is calculated, you need to know who’s in charge of determining your payout amount. In most cases, that’s the insurance company.

Insurance Company

Your employer likely has an insurance policy covering workplace injuries and illnesses. It’s this insurance company that will decide the amount of your settlement.

When you’ve been injured or become ill due to actions taken at work, such as a hazardous environment or tasks placed beyond your physical capabilities, the insurance company will assess the severity of the injury or illness and necessary medical treatments.

They’ll then decide whether they believe you should receive a payout and how large it should be.

Employee

You might be wondering what role you have in all this. If you believe the compensation offered by the insurance company isn’t enough, you can dispute it by gathering additional evidence on why it’s too low.

This could include medical records, bills, and witness statements from trusted colleagues or family members who know what happened during your working hours.

If, after doing this, you’re still dissatisfied with their offer, then a lawyer might be able to help put together an argument for why it should be increased further. If necessary, this might involve arbitration or filing a lawsuit against your employer and insurer.

What Factors Are Taken Into Consideration When Calculating the Settlement Amount?

When calculating a workers’ compensation settlement, many factors are considered. The settlement amount is based on the nature and extent of your injury, how it affects your ability to work and earn an income, and how much money you would have earned if you didn’t suffer the injury.

Here are some of the key elements that go into determining a worker’s compensation settlement:

Injury Severity

Your settlement will be based on the degree of your injury and how it affects your ability to work. If you suffer serious injuries that leave you unable to work for a long time, the payout from a worker’s compensation case will be much larger than if you only experience minor injuries that heal quickly.

Lost Wages

If you had to take time off from work due to the injury, workers’ compensation covers a percentage of your lost wages. This should also be considered when calculating your settlement amount.

Medical Expenses

Any medical bills associated with treating your injuries should also be weighed when deciding on a settlement amount. This includes expenses for doctor visits and medical procedures, any prescriptions, and physical therapy.

Permanent Disability

If you are partially or fully disabled, this will factor into the settlement amount.

Our Columbus Workers’ Compensation Lawyers Are Here To Help You With Your Claim

Depending on the extent and details of your claim, it’s best to contact a Columbus workers’ compensation lawyer for experienced guidance.

At our firm, we know how to navigate through the legal system to get you the best possible outcome. We have years of combined experience in worker’s compensation law, so we understand what it takes to bring a successful claim.

We also understand the complexities surrounding every case and can use our expertise to ensure that no detail is overlooked when settling your case. We can help determine if you should pursue a lump-sum or structured settlement and ensure you are aware of all your rights and options along the way.

Plus, with our knowledge of workers’ compensation laws, we can work with (or against) insurance companies to secure a fair settlement. If you’re dealing with a workplace injury in Columbus or any Ohio workplace, contact us today and let us help you get started on the road to recovery.

A Columbus workers' compensation lawyer meeting an injured man

Get the Facts on Workers Compensation: Injuries That Qualify

March 14, 2023 No Comments

An experienced Columbus workers’ compensation lawyer knows that in the workplace, accidents can happen—and when they do, you want to ensure you’re taken care of financially. That’s why it’s so important to understand your rights regarding workers’ compensation.

If you’re injured on the job, you may be eligible for a financial payout from your employer if you can prove your injury was work-related. But which injuries qualify for workers’ comp? And what do you need to know to file a successful claim?

Back and Neck Injuries

You may not realize it, but some of your most common workplace injuries can be covered under Ohio workers’ compensation. You can get financial assistance for slips and falls to carpal tunnel syndrome while you recover.

Let’s start with back and neck injuries. Under workers’ compensation, anything from strained muscles to slipped discs can be treated and paid for. Crushed vertebrae resulting from accidents are also eligible for coverage, so don’t hesitate to file a claim if your back injury requires hospitalization.

Whether you’ve experienced an acute injury or a chronic condition, workers’ compensation will generally provide coverage for your back and neck care. This compensation package may include physical or rehabilitation therapy. Talk to your employer or insurance provider to learn more.

Amputations

You don’t want to think about it, but if you ever suffer an amputation, you may be able to recover lost wages and medical expenses with workers’ comp. The deciding factor is whether the accident happened on the job or during the course of your employment duties.

Under workers’ compensation rules, amputations can include any severance of a body part through trauma, such as a machine accident or burn injury. This also applies to crushes that cause damage so severe that a limb can’t be saved.

Eye Injuries

Eye injuries are among the most common accidents on the job, especially in fields like construction, manufacturing, and landscaping. If you suffer an eye injury at work, workers’ compensation should cover medical costs associated with treatment.

Here are some of the most common causes of eye injuries that are covered under workers’ comp:

  • Flying objects are found in woodworking, construction, and auto repair shops.
  • Chemical splashes or exposure to toxic substances.
  • Dust, debris, or loud noises.
  • Electrical shock or exposure to electromagnetic radiation.
  • Bright sunlight or intense light exposure.
  • Tools used without safety measures in place.
  • Contact with hazardous materials or chemicals.

Fractures and Broken Bones

Did you know broken bones and fractures can be covered by workers’ compensation in Ohio? They are if an injury caused the break or fracture on the job. That means the fractured or broken bone would qualify for compensation if you were doing your job and got injured somehow.

A man filling out an Ohio workers’ comp claim

But let’s get into what kind of fractures and broken bones are covered under workers compensation. Generally speaking, any fracture or break that requires medical attention and results from a workplace injury would qualify for coverage. That includes:

  • Stress fractures from repetitive activities.
  • Broken arms, legs, feet, and hands.
  • Dislocated fingers.
  • Broken toes (even if it’s just one toe!).

Loss of Limb or Body Parts

If you’re unfortunate enough to suffer the loss of a limb or body part due to your job, workers’ comp is there to help. Workers’ compensation covers catastrophic accidents where you may lose an arm or leg and amputations related to carpal tunnel syndrome—the long-term strain caused by typing.

It’s important to recognize if you’re in an environment that can lead to losing a limb or body part.

For example, workers in the logging industry are at a higher risk of amputation due to the dangerous saws and other equipment they work with. Or workers who lift heavy objects consistently might be vulnerable to having their backs give out on them.

The bottom line is, if you’ve had a limb or body part taken from you as a result of your job, then you have the right to get workers’ compensation benefits.

Repetitive Motion Injuries

When you think of workers’ comp, you might think of sudden injuries due to falls or accidents. But other types of injuries qualify for workers’ comp, too—ones that come about through repetitive motions.

That’s right: if your job requires you to do the same thing over and over again day after day, you’re at risk for a repetitive motion injury.

Some of the most common types of these injuries are:

  • Carpal tunnel syndrome: This is when the small tendons in your wrists become inflamed, leading to pain and tingling in your hands and arms.
  • Tendinitis: An inflammation in one or more tendons caused by constantly stressing a joint or muscle with repetitive actions.
  • Epicondylitis: A painful inflammation around the elbow due to repeated motions (like twisting) of the forearm muscles.
  • Chronic back pain: Pain that’s caused by repetitive lifting, repetitive bending, or even sitting in an uncomfortable position for long periods.

Hearing Loss and Tinnitus

Noise-induced hearing loss and tinnitus are two common issues workers face in many fields. These sorts of injuries are typically caused by exposure to loud, noisy machinery or environments—over time, the exposure takes a toll on your hearing and can lead to permanent damage.

So, what does workers’ compensation cover for these sorts of issues? Depending on the severity of your injuries, you may be eligible for coverage for hearing loss and tinnitus. The amount of coverage you get depends on the severity of your injury.

Stress-Related Injuries

Are you feeling stressed at work? Many people are—but did you know workers’ compensation covers stress-related injuries? If your job duties and environment cause you to suffer a physical or emotional injury, you may be eligible for benefits.

Mental Health

Perhaps the most important reason to know about stress-related injuries is to care for yourself and protect your mental health. Stress can build up over time and cause serious health complications like:

  • Anxiety
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Panic attacks
  • Headaches
  • Fatigue
  • Heart problems.

Contact Our Columbus Workers’ Compensation Attorneys

If you have been injured at work, you may feel overwhelmed and isolated — that’s completely understandable.

Know that you’re not alone in your experience, and there are resources available that can help. Specifically, speaking with a professional Columbus workers’ compensation lawyer can provide you with the guidance and consultation needed to help manage your case and protect your rights.

Our lawyers understand what it takes to qualify for compensation and will fight for the benefits workers deserve when injured on the job.

If you’ve been injured at work, contact our Ohio workers’ compensation attorneys! Our experienced team of attorneys is committed to ensuring every worker gets the justice they deserve under Ohio’s workers’ compensation laws.

Ohio workers comp claim

Workers Comp Claim: What Info Can Your Employer Access?

February 27, 2023 No Comments

When you meet with a Columbus workers’ compensation attorney for a free case evaluation, you will be asked to disclose all pertinent and relevant information related to your injury. This will help the lawyer asses whether your workers comp claim is valid and whether you have the right to collect benefits.

There is no point in trying to hide anything. You may believe that no one can find out about a pre-existing condition or the fact that you came in to work with a small injury on the day of the incident.

But once you file a workers comp claim, your employer and their insurance company will start looking for any piece of information that would give them grounds to deny your claim. Despite what you may read online, in such cases, an insurance adjuster has the right to look into things that you believe are well hidden from their scrutiny.

Ohio Laws Are Tough When It Comes to Workers Compensation Fraud

Fraudulently claiming and collecting workers comp benefits is a serious criminal offense in our state. The Ohio Revised Code 2913.48 defines workers compensation fraud, among others, as:

  • Receiving benefits that you are not entitled to
  • Making a false or misleading statement for the purpose of obtaining workers’ comp benefits
  • Altering or falsifying records or documents needed to evaluate your workers comp claim.

The penalties increase with the amount of money a worker fraudulently collected as workers compensation benefits:

  • Under $1,000 – first-degree misdemeanor, resulting in up to one year in jail
  • Between $1,000 and $7,500 – fifth-degree felony, resulting in fines and at least one year in prison
  • Between $7,500 and $150,000 – fourth-degree felony, resulting in extensive fees and at least one year in prison
  • Over $150,000 – third-degree felony, resulting in very high fines and at least one year in prison.

As any Columbus workers compensation attorney will tell you, even an honest mistake in disclosing relevant information may prompt an insurance company to accuse you of fraud. While it will not amount to anything in terms of penalties, you will undergo a lot of stress until the case is closed.

Where Can an Employer Look for Information During your Workers Comp Claim?

In order to clarify what your employer can and cannot find out in relation to your workplace accident, here are some of the sources of information they have the right to access – and will do it:

1. Medical Records

HIPAA rules are no longer applicable when you file a workers comp claim. Your employer has a valid and reasonable right to know whether you were already injured or suffered from a debilitating condition, which made you prone to injury. While these are not grounds to deny your claim, your employer will try to do it.

However, an experienced Columbus workers compensation attorney can successfully defend your claim and show that the accident made a pre-existing injury worse and/or resulted in new injuries. However, they must know of the existence of any old injuries and health conditions.

2. Workplace Injury Diagnose and Treatment Plan

You will have to undergo an independent medical examination during the evaluation of the workers comp claim. Whatever the employer-appointed doctor finds out, your employer will find out, as well. Also, any kind of treatment they prescribe and their evaluation of the severity and extent of your injury will also be available to the employer and insurance company.

Any doctor can reasonably determine when you sustained an injury. This is why it is not a good idea to wait several days before reporting a workplace incident. Your employer will get suspicious and may believe that you delayed the report because you had consumed alcohol or drugs on the date of the accident. These are valid grounds for denying your workers comp claim.

Columbus workers' compensation lawyer concept image

3. Your Colleagues

The colleagues who witnessed your accident may issue statements in your favor. However, as part of the workers comp claim, your employer will interview them, as well. If they notice any contradiction between their statements and your description of the accident, this will likely result in your claim being denied.

Of course, it is possible for colleagues to change their stories out of fear of losing their jobs. This is why you need an experienced Columbus workers’ compensation attorney to identify any reliable evidence they can use to support your claim.

4. CCTV Camera Footage

As you may be aware, almost every inch of commercial properties are covered by CCTV cameras. This happens everywhere:

  • In office buildings
  • In warehouses
  • On construction sites
  • In malls and stores
  • In workshops and production facilities.

Thus, there is a very high chance that the moment of your accident was captured by one, if not several of these cameras. The good news about this is that your Columbus workers’ compensation attorney can ask for copies of these recordings to analyze your accident and identify potential witnesses.

On the other hand, if you try to make your accident appear worse than it was, the images will show how things really happened. Always resist the temptation of embellishing your story during a workers comp claim.

5. Your Social Media Profiles

Insurance adjusters and your employer can find out what you posted on your social media profiles. They can also find photos shared by your friends where you are tagged. If you appear happy and smiling with them a few days after the accident, while you claim to have suffered painful injuries, that won’t look good for your workers comp claim.

The golden rule during the entire period of evaluating your claim and being out on workers’ compensation is to avoid posting any updates, photos or videos which contradict your claimed injuries and disability.

Your Columbus workers compensation attorney will tell you that your benefits will stop even after your claim is approved if your employer finds any evidence of you doing physical activities incompatible with the injuries for which you collect medical care costs and wage replacement.

Be Honest and Upfront With a Columbus Workers Compensation Attorney!

At Ohio Workers’ Compensation Lawyers, we strive to help every injured worker win the benefits they deserve. However, you must disclose any important information to a Columbus workers’ compensation attorney, especially pre-existing medical conditions.

These conditions will not stop you from winning your workers comp claim. However, if your attorney is not aware of any relevant element, they won’t be able to present strong arguments during negotiations. We encourage you to schedule a free case review with us as soon as possible after your accident and disclose everything connected to your workplace accident.

Call us at 833-406-0060 today!

repetitive stress

Columbus Workers’ Compensation: Repetitive Stress Injury

February 15, 2023 No Comments

Some workplace injuries are not very easily diagnosed and clearly connected with the injured worker’s job duties. A Columbus workers’ compensation attorney knows that many people develop serious and painful conditions over time. One example is an occupational disease. Another is the situation of a repetitive stress injury.

According to healthcare professionals, repetitive stress injury is damage to the muscles, tendons, or nerves caused by the constant use of a specific body party and repetitive motions. This type of injury can appear after years of performing the same type of movements – for instance, using a sewing machine or working with tools that generate constant vibrations (such as a drill).

The key problem in this type of workers’ comp claim is that you cannot pinpoint a specific incident that caused your injury. However, an experienced Columbus workers’ compensation attorney will be able to prove that the specific activities you perform at work on a daily basis are the ultimate cause of your repetitive stress injury.

A Repetitive Stress Injury Can Occur Both in Active and Sedentary Jobs

Many people associate repetitive stress injuries with physically demanding jobs. There is no denying that construction workers and employees in the oil and gas industry are more at risk than other workers to develop this type of injury.

But any Columbus workers’ compensation attorney at our law firm knows that employees with sedentary jobs, such as office workers or truck drivers can also develop repetitive stress injuries. The first and most important step is recognizing it for what it is and seeking medical care as soon as possible.

What Are the Most Common Examples of Repetitive Stress Injury?

In general, repetitive stress injury tends to affect the main joints:

  • Knees
  • Wrists
  • Elbows
  • Shoulders

However, injured workers can also suffer repetitive stress injuries in the fingers and thumbs, losing their ability to perform fine motions or have a strong grip.

The most common conditions associated with repetitive movements are:

  • Tendinitis – an inflammation of the tendons
  • Bursitis – an inflammation of the fluid-filled sacs (bursa) that cushion joints
  • Carpal tunnel syndrome – an inflammation of the main nerve passing through the wrist and controlling finger motions
  • Epicondylitis – an inflammation of the tendon in the elbow, also known as tennis elbow or golfer’s elbow
  • Rotator cuff injuries – injury to the group of muscles and tendons surrounding the shoulder.

Steps to Take to Win Workers’ Comp Benefits for Repetitive Strain Injury

As stated before, the main complexity in this situation arises from the fact that you cannot state when you were injured. It is difficult even to fill in the First Report of Injury, Occupational Disease, or Death form because you have to specify the date of injury/disease.

The best course of action recommended by an experienced Columbus workers compensation attorney is the following:

1. Seek Medical Attention From the First Symptoms

A repetitive stress injury will start with mild symptoms, which get worse over time if your do not seek treatment. Thus, both for your own sake and for the success of your workers’ comp claim, you should go to the doctor as soon as you experience symptoms such as:

  • Pain after performing specific motions
  • Numbness
  • The sensation of pins and needles
  • Weakness in the muscles
  • Stiffness
  • Swelling and redness
  • A tender feeling when you touch the affected area.

During the medical examination, tell the doctor what type of work you perform and any other types of activities that may justify the injury.

Ohio workers comp claim

2. Notify Your Employer

As soon as you were diagnosed with any of the conditions that can be described as repetitive strain injury, notify your employer. After the initial verbal notification, you should follow it with the formal report submitted to the Ohio Bureau of Workers’ Compensation.

Your employer will likely try to downplay your injury or suggest that you suffered the injury as a result of physical activities not related to your work. Do not give in and do not accept any amount of money from your employer to cover your doctor’s appointment.

3. Seek Legal Advice

Most workers do not know how to navigate the claim process on their own. This is made more difficult by the lack of witnesses and physical evidence showing how the repetitive stress injury occurred.

This is why you need an experienced Columbus workers’ compensation attorney by your side from the very beginning. A lawyer knows that your employer’s insurer will send you to a medical evaluation performed by their approved doctor. This healthcare professional may try to downplay your injuries or suggest that they are the result of off-duty activities, such as gardening or home improvement tasks.

An attorney will explain to you how to stand your ground without being aggressive or unprofessional in your discussions with the insurance-appointed doctor. Also, through discussions with the doctor and comparing the potential causes of your injury with your everyday job duties, the Columbus workers’ compensation attorney will manage to prove that your work is the primary source of your injury.

4. Obey the Doctor’s Recommendations

In most cases, repetitive stress injury involves both medication and resting the affected area. This means that you should also stop any kind of off-duty activities that require the use of the injured area. For example, if you are diagnosed with carpal tunnel syndrome, you should not carry heavy grocery bags or play Frisbee with your kids.

You can be sure that your employer’s insurance company is keeping tabs on you and is ready to note any failure to comply with the doctor’s order to deny your claim or stop your benefits.

Our Law Firm Can Help You File a Workers’ Comp Claim Successfully!

Ohio Workers’ Compensation Lawyers is a law firm that does not shy from more complex cases. On the contrary, we know that injured workers need an experienced Columbus workers’ compensation attorney, especially in complicated situations when it is difficult to prove a work-related injury.

If you suffer from a repetitive stress injury caused by your job duties, follow the usual procedure for getting diagnosed and reporting your injury. At the same time, schedule a free case review with us and let us help you obtain your workers’ comp benefits. Call 833-406-0060 today!

workers' compensation insurance claim

Workers’ Compensation Insurance: Uninsured Employers

January 25, 2023 No Comments

In some cases, injured workers contact a Columbus workers’ compensation attorney with a very challenging situation. They tried filing a workers’ compensation claim after a workplace accident but found out that their employer didn’t have workers’ compensation insurance.

This is a very serious case, because it is strictly against Ohio law, as we will explain later in this article, and carries penalties. However, this is no comfort for the person who has to pay for their medical care and cannot collect wages until they recover.

The good news is that you have various options for recovering your medical costs and getting wage replacements. The important thing is to remember to follow all the rules, just as if your employer had workers’ compensation insurance. Also, present your case to an experienced Columbus workers’ comp lawyer as soon as possible after you realize that there is no insurance coverage available for you.

Ohio Laws on Workers’ Compensation Coverage

In Ohio, any employer must maintain workers’ compensation insurance, even if they have only one employee. The penalties for non-compliant employers are:

  • A lien on their assets placed by the Bureau of Workers’ Compensation (BWC) for benefits paid to employees out of the state funds
  • $30 flat fee for any failure to pay workers’ comp premiums and
  • 15% penalty of the amount due.

Additionally, the BWC will charge a penalty of 1% of the workers’ compensation insurance premium for each month in which employers fail to file payrolls on time. Non-compliant employers can quickly rack up thousands of dollars in penalties and late fees.

Yet, as any Columbus workers’ compensation attorney knows, these penalties are not a sufficient deterrent for dishonest employers. They will try to shirk their obligations to provide benefits for their injured employers in any way they can.

Your Options for Getting Workers’ Compensation Benefits

As mentioned above, the Ohio BWC maintains a state fund to help workers injured on the job recover their medical care costs and receive a part of their wages until they can return to work. The state recognizes the need to make sure that people do not go into debt because employers failed to meet their legal obligations.

Thus, as soon as you realize there are no workers’ comp benefits available from your employer, you should get in touch with a Columbus workers’ compensation attorney to help you file a claim for benefits with the BWC.

What You Need to Know About Getting Compensated by the State

Getting paid out of the uninsured employers’ fund maintained by the state of Ohio is not easier than getting your claim approved by your employer’s insurance company. You will still have to prove that:

  • The accident occurred at the workplace
  • You were on duty/during your shift when the accident occurred
  • Your injuries were diagnosed by a licensed healthcare professional
  • You took all reasonable steps to mitigate your damages.

Here are some of the key aspects you must remember before you file a claim with the BWC for workers’ compensation.

A workers’ compensation lawyer in Columbus, Ohio

1. Your Drug Test Must Be Negative

The BWC still wants to know that you were not working under influence of alcohol or drugs when your accident occurred. When you go to the hospital for treatment and you state that you were injured at the workplace, most likely they will administer an alcohol and drug test.

If it comes positive for any controlled substance, your claim will most definitely be denied. No lawyer can help you in this instance.

2. You Must Accept an Independent Medical Evaluation

You will have to go to a check-up performed by a state-approved doctor. Remember to cooperate and be polite during this examination. Also, you must disclose any pre-existing conditions. If they come up later during the evaluation of your claim, it will probably be denied.

Rest assured that a Columbus workers’ compensation attorney will be able to prove that your pre-existing injuries were made worse by the workplace accident and you even got new injuries. Thus, you still have a valid claim, despite the existence of older injuries.

Also, do not forget that in Ohio injured workers have the right to choose the doctor they go to for treatments. Once the evaluation is over, you can return to your own doctor to continue the recovery process.

3. You Must File Your Claim on Time

You have one year from the date of your workplace injury to file a claim with the BWC. However, you should file this claim as soon as possible after your accident. Claims filed weeks or months after the accident are often treated with suspicion. The first suspicion is that you were under influence of alcohol or drugs and waited until the substances were out of the system until you got diagnosed and filed a claim.

Secondly, those who investigate your claim may think that you were injured a few days later, remembered the incident at the workplace, and decided to file a claim for benefits. With the help of a Columbus workers’ compensation attorney, you will file your claim on time and be able to prove that you were actually injured at work.

You Can Also Sue Your Employer

One of the biggest benefits for employers who maintain workers’ compensation insurance is that they can avoid lawsuits from injured workers. With this compensation scheme in place, the worker has no further legal recourse, because they get their medical costs covered, as well as two-thirds of their weekly wages.

However, if the employer is non-compliant, this type of protection disappears. Thus, an injured worker has the right to sue the employer for compensation. A Columbus workers’ compensation attorney will help you file and win your lawsuit if they believe that this is an opportune step.

Discuss Your Case With a Workers Comp Attorney

As long as you are eligible to collect workers’ compensation benefits, an experienced attorney will find a way to win them for you. However, you must remember to follow the rules in order to avoid hurting your own case.

The best solution is to contact our Ohio workers’ compensation attorneys as soon as possible after your workplace accident. You will receive guidance for every step in the claims process, even if your employer does not have workers’ compensation insurance.

Call 833-406-0060 today to schedule a free case review with us and find out the merits of your case!

a workers' compensation claim form

Columbus Workers’ Compensation Attorney: Dos and Don’ts

January 11, 2023 No Comments

By the time that injured workers contact a Columbus workers’ compensation attorney, they may have already committed several errors that may hurt your case. In the end, we may be able to help you win the benefits you deserve while you recover from your injuries. However, the process will be more complex, and you may receive less money than you deserve.

For this reason, we decided to prepare a comprehensive list of do’s and don’ts related to workers’ compensation in Ohio. These items cover the most frequent situations we encounter during the free case review with a potential client. Our goal is to help every injured worker get their rightful benefits. But, in order to do so, you must also respect several rules of the workers’ compensation program.

Steps to Take for Workers’ Comp Benefits

We will start this article with the dos. Any Columbus workers’ compensation attorney knows that these simple things can make the difference between getting your claim approved from the start and having to file an appeal.

Do: Seek Medical Assistance as Soon as Possible after the Accident

A work-related injury or condition must be diagnosed by a licensed healthcare professional. Also, you have a requirement to mitigate tour damages – that is, to do what any reasonable person would do to limit the severity and extent of their injuries.

Even if you are not immediately in pain, you should still ask to be taken to the nearest ER. You may have serious internal injuries that need immediate care. Also, the attending doctor’s report will confirm your injuries and record the date and time when you were examined. If this date is several days after your accident, your employer is very likely to deny your workers’ compensation claim.

Do: Take the Drug Test Mandated by Your Employer

Once you informed your employer that you were injured and leave to seek medical attention, you will be required to take a drug test. You must not refuse this test, because it represents grounds for your claim to be denied.

If you know that you were using prescription medication that was legally prescribed to you, report this to your employer. Also, don’t forget to mention this aspect to your Columbus workers’ compensation attorney. Unfortunately, if you were using recreational drugs, you do not have a valid case.

Do: Inform the Employer’s Insurance Company

An injured worker must report the incident to the Ohio Bureau of Workers’ Compensation (BWC) by filling in the First Report of Injury, Occupational Disease, or Death form. As you do so, also send a copy to your employer’s insurance company.

Although it is their obligation to report any workplace accident resulting in injury, not all employers do so. You should not rely on the fact that they will do the right thing and help you get the workers’ compensation benefits.

Do: Remember That You Can Choose Your Own Doctor for Treatments

Your employer may require you to undergo a medical evaluation performed by a doctor of their choice. But this does not mean that you should see this doctor for all treatments and follow-up checkups.

A doctor paid by your employer may tend to side with them, in terms of:

  • Downplaying the severity of your injuries
  • Declaring that you are fit to return to work sooner than it would be safe to do so
  • Ignoring your claims that you are in pain.

Plus, you want to feel comfortable and safe when discussing your treatment and recovery outlook, so go to a doctor of your choice.

Do: Disclose Any Pre-Existing Condition

This is something that you must do in all circumstances:

  • During the evaluation by the employer-approved doctor
  • During the initial treatment at the ER
  • During the free case review with an Ohio workers’ compensation attorney.

Any old injury or medical condition will be found by the insurance adjuster evaluating your claim. If you fail to be honest and upfront about them, your claim may be denied on the grounds that you were already injured.

Ohio workers' compensation doctor

Avoid Making These Workers’ Compensation Mistakes

Now it is time to list some of the don’ts that you must avoid at all costs:

Don’t Discuss With an Insurance Adjuster on Your Own 

Once a workplace accident is duly reported, you will be contacted by an adjuster representing your employer’s insurance company. They do not have any interest in getting your claim approved.

This is why they will try to make you say anything that could hurt your case. Any admission of fault or being negligent in performing your work when you got injured could lead to your claim being denied. Make sure that you have an Ohio workers’ compensation attorney by your side during this discussion.

Don’t Interrupt Your Treatment

You are not free from any duties once your claim was approved. You will be constantly monitored by the insurance company in terms of:

  • Following the doctor’s recommendations
  • Going for follow-up checkups
  • Refilling your prescriptions.

If you stop the treatment, you will likely lose the benefits. After all, you are compensated for all your medical costs.

Don’t: Take Up a Part-Time Job While Out of Workers’ Comp Benefits

Some workers feel that they can make extra money by taking up a light-duty part-time position elsewhere while they are on workers’ comp benefits. With very few and rare exceptions, this is illegal.

Your employer may terminate you and pursue you for the repayment of the wage replacement amounts. Being out on worker’s comp means that you need to rest in order to get better. Also, your employer pays you a part of your wages and all your medical costs during this period.

Let an Experienced Workers’ Comp Law Firm Handle Your Claim

Ohio Workers’ Compensation Lawyers are here to help all injured workers file a claim successfully and receive the benefits they deserve. No one wants to stay at home instead of earning wages, but employers don’t see things in this light.

Your best chance is a Columbus workers’ compensation attorney who will analyze your case carefully and give you reliable legal advice. Remember that everyone must follow rules, including the injured party, so get in touch with us before you may make a mistake that would hurt your case.

Call us at 833-406-0060 to schedule your free case review!

occupational disease

Win an Occupational Disease Claim in Ohio

December 25, 2022 No Comments

Occupational disease claims fall under the umbrella of workers compensation. An experienced Columbus workers compensation attorney knows that not all work related injuries and conditions result from a sudden trauma. In many cases, workers end up suffering from debilitating conditions as a result of prolonged exposure to a hazardous environment. This kind of condition is called an occupational disease. As it cannot be related to a precise moment and a precise incident, many sick workers find it hard to win the workers comp benefits they deserve.

However, an experienced workers comp attorney in Ohio can help you prove that your current condition is a direct result of overexertion or exposure to various substances at your workplace. We will guide you and assist you through the entire process of filing your occupational disease claim and winning the maximum compensation benefits you deserve.

What Is the Definition of Occupational Disease and What Does It Cover?

Not any condition qualifies as an occupational disease, regardless whether you believe that you acquired it as a result of your work. The Ohio Bureau of Workers Compensation (BWC) defines an occupational disease as “a repeated work-related exposure” to various hazards resulting in specific conditions, with the condition of the existence of a causal relationship between the exposure and the condition.

The complete list of these hazards and conditions is listed in the Ohio Revised Code Section 4123.68. Some of the most frequent types of exposures resulting in an occupational disease are:

  • Dust, gases and fumes
  • Chemicals and toxic substances
  • Extreme temperature variations
  • Loud noises
  • Pressure variations
  • Physical vibrations
  • Radioactive rays and radiation
  • Use of repetitive movements
  • Infections and organisms.

This list is not exhaustive. A Columbus workers compensation attorney can help you prove that various conditions, such as emphysema and bronchitis, qualify as an occupational disease.

The First Condition for Filing an Occupational Disease Claim

Using the BWC definition of occupational disease as guidelines, the workers comp attorney in Ohio must prove a causal link between your disease and the hazardous condition at the workplace.

In order to do so, your claim must show with clear evidence that:

  • You have a disease diagnosed by a healthcare professional
  • Your disease was caused by exposure to a hazard
  • You were exposed to this hazard primarily at the workplace, not at home or someplace else
  • You are unable to work because of this disease.

Thus, it is important to remember that you will not receive any compensation for diagnostic, tests or treatments for your disease unless the claim is allowed. Therefore, you need to contact a Columbus workers compensation attorney as soon as possible after you believe that you suffer from an occupational disease in order to follow the correct procedure.

What You Have to Do If you Suffer from an Occupational Disease

Although you will receive personalized advice from your lawyer, it is useful to know the typical steps for filing an occupational disease successfully. Thus, you need to do the following:

1. Report Your Illness to Your Direct Supervisor

As soon as you experience symptoms, you should inform your supervisor that you are ill and you believe that the condition is workplace related. This is just an initial verbal report and serves to establish the fact that you did not wait until the condition got worse.

2. Complete a Written Report and Retain a Copy 

You will also have to fill in a standardized report form. You will keep a copy which will be later on added to your occupational disease claim.

3. Get Diagnosed by a Doctor

Any occupational disease must be diagnosed by a doctor. When you go for tests and diagnostic, you must tell the doctor in detail about the hazards at your workplace.

Please note that, according to BWC rules, you will need to undergo an examination by a qualified specialist for the following conditions:

  • Berylliosis
  • Cardiovascular, pulmonary or respiratory diseases
  • Silicosis
  • Asbestosis
  • Coal miners’ pneumoconiosis
  • Any condition of the respiratory tract resulting from exposure to dust.

4. File an Occupational Disease Claim

A Columbus workers compensation attorney can help you file your claim on time. In this specific case, the deadlines can be confusing for the average person. The Bureau of Workers Compensation states that you must file a claim within:

  • Two years after the disability due to disease began, OR
  • A longer period that must not exceed six months after the occupational disease was diagnosed by a licensed physician.

These deadlines get even more complicated by accepted terms for determining the date of disability. The BWC outlines three possibilities:

  • The date when the condition was diagnosed as an occupational disease
  • The date when the injured worker first received medical treatment for the condition
  • The date when the injured worker first quit work due to the medical condition.

For this reason, as soon as you need medical care for a disease that you believe to be workplace related, you should also contact a workers comp attorney in Ohio. Just as the doctor is qualified to treat your condition, the lawyer is qualified to help you win your workers comp benefits.

5. Don’t Let the Employer Pay You Directly for Treatment

Many workers compromise their right to file a workers comp claim for occupational disease by allowing the employer to pay for their initial treatment. You will most likely be asked to sign a document stating that you waive any future claims.

Many occupational diseases result in a permanent disability, so you may qualify either for a percentage of permanent partial disability for residual impairment or even permanent total disability.

Let a Dedicated Attorney Help You File an Occupational Disease Claim!

Ohio Workers’ Compensation Lawyers know that an occupation disease claim is even more difficult to prove than a workplace accident. The employer will either trick you into accepting money for treatment or deny your claim stating that your disease has nothing to do with the workplace conditions.

We will offer each new client a free consultation to evaluate your case. Thus, you have nothing to lose, even if you believe that you don’t have a case. You will be surprised what an experienced lawyer can do for you, so schedule your initial consultation now: 833-406-0060!

 

columbus workers comp

Columbus Workers Compensation: Remote Workers

December 11, 2022 No Comments

When it comes to remote workers’ rights, many clients contacting a Columbus workers compensation attorney are not convinced that they are covered by the law. However, it is undeniable that work from home is the biggest trend in the labor market in the present and the foreseeable future.

Thus, it is important for remote workers to know their rights and obligations. In essence, nothing is different in terms of your employment conditions. No matter where you perform your job duties, you are still an employee as defined by Ohio Revised Code 4123.01(A)I1)(b). Yet, when you suffer an injury at home, you ask yourself: can I file a workers’ comp claim or will my employer deny it because I work from home?

A Personal Injury Attorney in Columbus Will Detail the Conditions of Eligibility

The first critical thing that you must prove is that you are an employee, not a freelancer or an independent contractor. Any Columbus workers compensation attorney will start by looking at your employment documents.

In some cases, when people chose to work from home, their employers made them sign some documents. They signed without paying too much attention. However, the documents prove to change their status from employee to independent contractor. In this case, you are not eligible to file a workers’ compensation claim. However, this is not the end of the road.

A skilled personal injury attorney in Columbus can prove that you were, in effect, an employee. It will be more difficult, but not impossible to wrestle some form of compensation from your employer’s insurance company.

Location Matters a Lot in Remote Workers’ Compensation Claim Cases

Another aspect that influences whether you can collect workers compensation benefits as a remote worker as per Ohio law is the location you work from. Remote work, especially using online platforms, makes state borders irrelevant. However, they continue to matter a lot in terms of law and eligibility to file a workers’ comp claim.

Here are the two possible situations:

  • You work for a business based in Ohio but live in a different US state
  • You live in Ohio and work remotely for a business based in another US state.

In the first situation, you are eligible to file a claim under Ohio workers’ comp laws. In the second situation, you will have to follow the rules of workers’ comp legislation in your employer’s state. The rule is simple: the applicable law refers to the employer’s location, not the employee’s.

If you are not sure about the conditions in which remote workers can file a claim, we encourage you to contact a Columbus workers compensation attorney. We offer a free initial consultation, so you have absolutely nothing to lose.

The Challenges of Proving Remote Workers’ Injuries are Job Related

Even if you know your rights and believe that you are eligible to file a claim, it doesn’t mean that your employer’s insurance company won’t try to challenge it. There are several difficulties in proving the fact that your injury was sustained in the course of your job duties:

1. There Are No Independent Witnesses

The only people who may witness your accident are members of your household. Of course, their credibility will be challenged. After all, they are your family members and have a direct interest in helping you win worker’s comp benefits.

Some homes have surveillance cameras for security purposes. In this case, your personal injury attorney in Columbus will definitely want to use the recording in proving your case.

2. The Time of the Incident May Be Unclear 

Remote workers are in the same physical space, but under two different conditions:

  • On the job – at work
  • Off the job – at home.

So, when did your injury take place? On the job or off the job? Here is an instance: your work schedule is from 9 a.m. to 5 p.m. You stumble on the work provided laptop charger, fall and get a sprained wrist. The incident occurred at around 5 p.m. If it occurred until 4:59 p.m., you were on the job. If it occurred starting with 5:01 p.m., you were off the job.

In this case, it is critical to call 911 and ask for medical assistance as soon as possible after the incident. The time when you placed the call may make all the difference in the world for your workers’ compensation claim.

3. It Is Difficult to Prove Your Were Performing a Job Related Duty

Finally, even if they are on the job, remote workers may get injured while performing an unrelated task. For example, they suffer an ankle sprain while changing a light bulb or hurt their back lifting a heavy delivery parcel (not containing job related items).

Proposed Legislative Changes Will Clarify Remote Workers’ Rights Even Further

The good news is that Ohio legislators have already understood that there is a lot room for interpretation in the current legislation. However, this is not surprising. Four or five years ago, remote work was something innovative hi-tech companies offered as a bonus to attract top talents. Now, it tends to become the norm in many fields of work.

Thus, a draft titled House Bill Number 447 aims to create clear guidelines for the remote workers’ right to file a workers compensation claim. If it passes, the bill would set clear conditions to qualify for filing a claim:

  • The injury arose due to the employee’s job
  • The injury occurred due to a “special hazard” of the job activities
  • The injury occurred while the employee was performing an activity for the employer’s exclusive benefit.

Let an Experienced Attorney Evaluate Your Columbus Workers Injury Case!

Columbus Workers’ Compensation Lawyers know all the ins and outs of the legislation covering employees’ rights if they are injured on the job. We know that winning remote workers’ claims is more challenging, but not impossible.

Since we offer you a free initial consultation, you have no reasons to avoid getting in touch with an experienced Columbus workers compensation attorney. If you have a case, we will take it and help you win the benefits you are entitled to. Schedule your first consultation now: 833-406-0060!

Ohio Workers Comp
Phone: 833-406-0060
4200 Regent St Suite 200
Columbus, OH 43219

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