Blog

How to Improve Your Chances of a Successful Workers’ Comp Claim

July 5, 2020

If you’ve suffered an injury at work in Cleveland, Ohio, you’ll want to do everything possible to ensure you get the compensation you deserve. Part of this involves ensuring that your claim form is filled out correctly and that you submit the necessary supporting documents. A simple typo won’t usually prevent you from getting benefits. However, there are some bigger mistakes that can cost you.

That’s why it’s so important that you hire an experienced Cleveland workers’ comp lawyer. They will assist you in providing all the required information and prevent you from making errors. Let’s look at some of the things you need to ensure you do.

Report Your Injury to Your Employer

You need to notify your employer that you suffered a workplace injury or you have been diagnosed with an occupational illness. This opens an investigation into the incident. The outcome of your employer’s investigation can be used to support the claim you will submit to the Ohio Bureau of Workers’ Compensation. This will help to show that your injury or illness is work-related and you didn’t acquire it by other means.

File Your Claim Within the Deadline

You typically have one year from the date of the accident to submit your application for workers’ comp. However, if you have an occupational disease, you have two years from the date the illness was diagnosed as being work-related, or the date it caused disability. The later date applies. Most employees file on time because they’re eager to get compensation. However, some wait too long and before they know it, the deadline has passed. Employees who delay filing may do so because they fear their employer will retaliate or that if they take time off work, they will lose on their wages.

Follow the Doctors’ Orders

It’s possible for your employer to challenge your claim. They may argue that you aren’t so ill that you can’t work. They may look for every possible sign that you’re faking or exaggerating your injuries. If your doctor advised you to get a particular treatment or refrain from certain activities, you must do what they say. As Cleveland workers’ compensation lawyers will tell you, you also need to keep all your appointments and fill all the prescriptions. Otherwise, you give your employer an opportunity to reject your claim.

Save All the Paperwork Relating to Your Condition

Your application for workers’ comp must be supported by medical evidence. This can include medical records, hospital discharge papers, prescriptions, and therapy notes. The more evidence you can present, the more likely it is that your claim will be approved.

Contact a Cleveland Workers’ Comp Lawyer

It’s not mandatory that you hire an attorney when you file a workers’ comp claim. However, you have a right to seek advice from a lawyer at any stage of the process. While many workers wait until their claim is denied to get legal advice, it’s best to talk to a lawyer early on. This helps to reduce the likelihood that you’ll make costly mistakes.

Don’t Talk to the Third-Party Administrator

The third-party administrator’s role is to protect the interests of your employer. An individual may approach you and try to get you to talk about your injury or illness. While they may seem friendly, they will use what you say against you so it’s best not to speak to them. If you choose to engage, stick to basic information like when and where the injury occurred, and which parts of your body were affected. Don’t say anything about how you presently feel physically or mentally. You also shouldn’t bring up any past injuries. Your attorney will offer you more advice about what you should and should not say.

Don’t Sign Anything without Consulting a Lawyer

You should refuse to put your signature on any documents until an experienced Cleveland workers’ comp lawyer can review them. If you sign a settlement offer, you can’t ask for more money later if your injuries turn out to be more serious. Sometimes, companies offer a speedy settlement that’s tempting but it may not be in your best interests.

Contact Our Attorneys Today for Help with Your Claim

A Cleveland workers’ compensation attorney can help you to get maximum compensation for your workplace injury or illness. When you’re recovering, it can be hard to focus on anything except getting well. Our team will take care of all the complicated bits, so you don’t have to worry about paperwork or appeals. Call us to schedule a consultation today.

Governor DeWine Signed Changes to Ohio Worker’s Compensation

June 26, 2020

Ohio Governor DeWine signed House Bill 81, legislation that will change numerous aspects of the state’s worker’s compensation system. The bill was signed on June 16th.

House Bill 81 was made to cover workers’ compensation to detention facility employees, corrections officers, and other safety officers in case they are exposed to an individual’s blood or other bodily fluids during their work.

The bill has been developed as a clean-up bill for different workers’ compensation initiatives that remained from the state’s budget bill last spring.

House Bill 81 intends several other changes to workers’ compensation laws.

The bill will codify the voluntary abandonment doctrine about temporary total disability claims, superseding preexisting judicial decisions on the subject.

It will reduce the statute of limitations for filing for violation of a specific safety requirement to one year from the date of injury.

Next, it would prohibit employers from denying or withdrawing from a proposed settlement, if the employee is no longer employed or if the claim was not filed within the date of impact for the employer’s experience and premium calculation.

The bill will make changes in the date so the Industrial Commission can request continuing jurisdiction to the date of medical services, instead of the date of payment.

Funeral expenses benefit cap would increase from $5,500 to $7,500. The appeal period under R.C. § 4123.512, would expand. In some cases, it would go from 60 to 150 days for claims pending on and beginning after September 29, 2017.

Workplace injuries happen frequently and every injured worker should check whether they are entitled to get workers’ compensation.

Usually, employers are not withholding these claims, but in case you have issues getting your settlement, you should consult a workers’ compensation attorney.

Our team at Ohio Workers Compensation Lawyers is here for you; call us today.

Source: https://www.jdsupra.com/legalnews/governor-dewine-approves-numerous-91624/

Careless Drivers Injure Two Ohio Department of Transportation Workers

June 15, 2020

Within the past eight days, drivers have hit five Ohio Department of Transportation crews operating on the road. Two ODOT workers were injured.

More and more people are returning on the roads, and they must drive carefully and slow down for the people who work on the roads, said ODOT director Jack Marchbanks.

The first of the recent collisions happened on May 27 when a semi-truck crashed the rear of an ODOT truck pulling an arrow board as part of a rolling work zone on U.S. 30 in Crawford County. An ODOT employee was in the truck; he was aairlifted to a Columbus hospital for treatment.

On Monday, an ODOT employee was also hit by a driver while outside of his truck, closing a ramp. He was transported to the hospital with an injured arm.

Sometime before 1 a.m. on Wednesday, an ODOT crew was working along I-490 in Cleveland when they were hit by a vehicle. Shortly after this accident, an ODOT pickup truck on U.S. 224 in Putnam County got hit as the employee was putting signs for a work zone. Both crashes went without injured workers.

Being injured at your workplace is never easy. You should seek medical help immediately and inform your employer about your injury. Most workers are entitled to get workers’ compensation, and it usually is not an issue with their employers.

However, if you have problems getting your compensation, you should always consult with a workers’ compensation attorney.

Sometimes, you might get a lower settlement, not get it at all, or even get fired while recovering from your injuries (which is illegal).

If you are facing any problem of this type, give us a call and let our team of attorneys help you get the compensation you deserve.

Source: https://www.irontontribune.com/2020/06/06/odot-asks-people-to-be-aware-in-work-areas/

Am I Covered by Workers’ Comp If I Get Injured While Working from Home?

June 5, 2020

The number of workers who telecommute has been growing. However, the coronavirus pandemic has resulted in a much larger number of people working from home for the first time. The 2017 State of Telecommuting in the U.S. Employee Workforce report revealed that about four million Americans worked from home at least half of the time. However, research shows that as much as half of the American workforce began working from home in April.

This change in working conditions, even if temporarily, raises several questions. One of them relates to what would happen if an Ohio worker gets injured while working at home. Most employees would want to know if their injury or illness would still be covered by workers’ comp. Unfortunately, there is no simple answer. There are some situations in which you would be able to get the usual benefits, but it’s not guaranteed. There are many factors that would come into play. An Ohio workers’ comp lawyer will help you to understand your rights.

Common Telecommuting Injuries

Most people who are working from home are sitting at a desk in front of a computer. Their injuries are, therefore, likely to be quite similar to those suffered by office workers. Common injuries include:

Neck and back injuries. Sitting at a desk for long hours can lead to pain and dysfunction in the back and neck.
Repetitive-strain injuries. Tennis elbow, carpal tunnel syndrome, rotator cuff injuries, and “mouse shoulder” are common among workers like computer programmers and writers.
Slip and falls. Loose cords, unstable chairs, or poor lighting may cause you to slip and fall at home. As long as you were working, and not cooking or taking a shower, you may be able to get compensation.
Lifting injuries. If you have to lift work-related equipment or supplies to and from your home or around your home, any injuries may be compensable.
Traffic accident-related injuries. Generally, workers aren’t covered when they’re going to and from work. However, if you have to visit the office for meetings while otherwise telecommuting, your travel may be deemed job-related. If you get into an accident on the way to the office, your injuries may be compensable.

Things Your Attorney Will Discuss with You

One of the first things your workers’ compensation lawyer will seek to ascertain is whether you’re truly an employee. If you’re an independent contractor or a freelancer, you won’t be covered under a company’s workers’ comp program. The only way you would have coverage is if you purchased it through Ohio’s Bureau of Workers’ Compensation. In some cases, businesses classify individuals as independent contractors even though in practice, they function like employees. It’s important to be clear about your status before an injury occurs. Otherwise, you could be in for a surprise. If you’ve suffered an injury and you have concerns, you should contact a Cincinnati workers’ comp attorney as soon as possible.

Another important thing to consider is where your employer is based. You may live and work in Ohio, but the company may be based in another state. Your employer may, therefore, be following that state’s laws regarding workers’ comp eligibility. Similarly, if you live and work in another state but you work for an Ohio-based company, you’ll fall under Ohio’s laws. These issues may be spelled out in your contract. However, there’s always room for interpretation in these matters so it’s best to seek legal counsel. An Ohio attorney will only be able to help you if your employer is based in Ohio.

How You Can Get Compensation

Ordinarily, workers can only claim compensation for injuries that occur on the job while performing job-related duties. The employee must be following established workplace procedures and protocols when the injury occurs. As you’re probably aware, it can be difficult to determine when you’re working and when you’re off-duty while at home. Furthermore, your employer may have set out specific hours or locations for which you’re covered. Even if this isn’t in place, you will still need to prove you were working.

Evidence will likely include a doctor’s report and your sworn statement describing how the injury occurred. Since there are unlikely to be any impartial witnesses to the incident, the BWC and Industrial Commission will have to rely on these pieces of evidence. An attorney can help you to present a solid case.

Get Help from An Experienced Workers’ Compensation Lawyer

If you suffered an injury that affects your ability to work, reach out to our team of Cincinnati workers’ comp attorneys today. Whether you’re working from home or the office, you deserve compensation if your injuries are job-related. Call us to set up a consultation.

Ask OSHA For Help!

May 26, 2020

OSHA’s On-Site Consultation Program is now offering no-cost and confidential occupational safety and health services all across the country. Trained consultants will work with managers and employees to recognize workplace hazards, and give advice for OSHA compliance. They also help with implementing or improving safety and health programs.

This program was funded by OSHA and delivered by state governments. It is essentially focused on smaller businesses, and most consultations take place on-site. The services are separate from enforcement; there is no result in penalties or charges.

This will remain confidential. Your name, your business’ name, and any other info you provide about your workplace, including unsafe or unhealthy working conditions, are not going be reported to the OSHA inspection staff.

The business’s only obligation is to improve significant job safety and health risks. This commitment should be made before the actual visit and executed timely.

The initial step of the consultation is the opening conference. Next, the consultant arrives and will meet with the manager in an introductory conference to shortly review their role and the employer’s obligations.

Then, the consultant will review the conditions in the workplace, along with the shop’s management. Employees should be included in this stage of the process; this way, they would get better information about the potential workplace hazards that could cause injuries.

The consultant will discuss specific operations the shop designates and discuss applicable OSHA standards. He or she will point out other safety or health risks. Some of these items might not be cited under OSHA standards but may still pose a safety or health risk. The consultant may suggest self-inspection and training that can help the employer in communicating with employees.

If you were injured at work or suffer an occupational illness, call our office (based in Cincinnati) today and schedule your first consultation.

Source: https://www.bodyshopbusiness.com/dont-be-afraid-to-ask-osha-for-help/

What’s Considered an Occupational Disease in Cincinnati?

May 21, 2020

Depending on the type of work you do, you may see your workplace as very safe. Some jobs like those in construction or mining are known to be quite dangerous. However, you may not think that working in an office or a grocery store can result in injuries. However, injuries resulting from an accident aren’t the only things that can happen at work. Many workers’ compensation claims in Cincinnati result from occupational diseases or illnesses. Often, these develop over time.

If you’ve become ill and it has prevented you from working, you may be unsure about if you can get workers’ compensation benefits. In this article, we’ll provide you with some insight into occupational diseases and how you may be able to claim benefits. For personalized advice, you’ll need to reach out to a Cincinnati workers’ compensation lawyer.

Occupational Illnesses Explained

In order for a workers’ comp claim to be accepted, your illness must result from your occupation. For example, a person who works removing asbestos may develop mesothelioma or asbestosis. Someone who works in a very dusty environment may be diagnosed with asthma or lung disease. These would likely be considered occupational illnesses. However, if one of these individuals developed high blood pressure or heart disease, it would be very difficult to claim it was due to their job.

If you have become ill and you can prove it’s due to conditions at your workplace, you can seek compensation. Claims for occupational injuries are quite similar to those for injuries sustained in the course of one’s job. Ill workers can claim compensation for medical bills, lost income, temporary or permanent disability, and more. While it’s not mandatory to hire a lawyer for a workers’ comp claim, it’s in your best interest to do so. An experienced Cincinnati workers’ compensation lawyer will ensure you seek all the benefits to which you’re entitled. They will also help to improve the likelihood that your claim will be accepted.

Naturally, a doctor will need to diagnose you with an illness. Then, you will need to prove that your condition was due to your job. If you can’t do this, it’s unlikely you’ll be able to get compensation from the state’s workers’ comp system. Not every condition that an employee develops will be due to the job. The insurer will be very reluctant to pay benefits if there’s no evidence that your condition developed as a result of your employment.

Common Occupational Illnesses

There are many types of diseases that workers can develop because of their work duties. However, some are more common than others and they vary in severity. While some are merely debilitating, others can lead to death. Some of the conditions which are most likely to occur are:

Carpal tunnel syndrome
Computer vision syndrome caused by prolonged computer use
Cancer due to exposure to a carcinogen
Brain damage caused by exposure to toxic chemicals
Lung disease due to the inhalation of certain dust, fibers or chemicals
Hearing loss caused by exposure to loud noises
Skin diseases caused by exposure to harmful substances
Lead poisoning
Silicosis
Asbestosis and mesothelioma
Radiation sickness

How an Attorney Will Help You with Your Claim for Compensation

Workers’ compensation benefits are not automatically awarded to ill or injured workers. You’ll need to prove that your condition didn’t result from something else like a previous illness or conditions in your home. If you hire a lawyer, they will present evidence to show that your illness was related to your job. They will likely draw on your medical records along with expert testimony to support your claim.

Your attorney will also ensure you file your claim within the specified time. In Ohio, you have two years from the date of disability to file your claim. This may be the date you were diagnosed, the date you first got the treatment, or the date you stopped working. The deadline may be extended for a maximum of six months if your diagnosis was delayed. Your lawyer will explain the deadlines that apply in your case. It’s important that you seek prompt legal advice. That’s because you will lose your right to claim benefits if you let the deadline pass.

Contact a Lawyer Today for Assistance with Your Claim.

If you’ve been diagnosed with an occupational disease, you’re likely worried about your future. You may think you can’t afford to seek treatment or take time off work. However, delaying treatment and working while you’re ill will likely make things worse. If your job led to your illness, you deserve to access workers’ comp benefits. Reach out to a skilled workers’ comp lawyer in Ohio to get the advice and representation you deserve. Contact us today to learn what we can do for you.

Ohio State Asks Employers to Report Employees Who Refuse to Return to Work

May 15, 2020

Many businesses across Ohio started working again on Monday. The Ohio Department of Job and Family is asking firms to report workers who refuse to return to work.

The main focus now is safety at work. This is the new normal now, and many people are concerned about their health.

The Department announced that Ohio law forbids people from receiving unemployment benefits if they refuse to accept employment offers or quit without good reason. The Department says that employers need to let them know if an employee refuses to return to work; ODJFS will determine if they are still eligible for unemployment. For many families across Ohio, this is another obstacle they will have to deal with.

And while Covid-19 is a real danger for any person and might not be seen as a typical injury at work or illness that you got because of the danger of your profession, you should still be careful.

Both workers and employers must do their best to remain protected and safe.

A workplace injury is any harm you got while doing your job at your workplace, for which you had to seek medical help and go through a recovery process.

If this has happened to you, you ought to inform your employer immediately and tell your doctor that your injury occurred at your workplace so that they would send the bills to your company.

And while most companies have no issues to pay their workers a worker’s compensation, there are cases where the company might deny such a claim.

If that is the case with you, it is time to consult a worker’s compensation attorney.

Our team is here to offer you the assistance you need and guide you through the process until the very end. Call and schedule today.

Source: https://kpic.com/news/coronavirus/state-asking-employers-to-report-employees-who-refuse-to-return-to-work

Why Would I Need A Workers’ Comp Lawyer in Cleveland?

May 5, 2020

Workers in Ohio who suffer injuries on the job have the right to claim workers’ compensation benefits. Whether you work in an office, in a factory, or on construction sites, you’re likely covered by workers’ compensation insurance. However, you won’t automatically get benefits. The process of claiming the benefits you deserve can actually be quite difficult.

It’s not mandatory that you hire a Cleveland workers’ comp attorney. However, if you’ve never dealt with the system before or you simply want to ensure you get everything to which you’re entitled, you should get one. Let’s look at some of the ways in which an Ohio workers’ compensation lawyer can help you.

Collecting Evidence and Investigating Your Injury

Whether you suffered a workplace injury or an occupational illness, you will be required to provide evidence. You will need to show the injury was work-related and prove that you were injured to the extent that you claim. This can be difficult for workers to do but attorneys know how to find evidence to strengthen a workers’ comp claim.

Seeking All the Benefits for Which You’re Eligible

You may not know all the benefits which Ohio’s workers’ compensation system offers. If you don’t know what you’re eligible for, you won’t file the appropriate claim. No one will tell you that there are additional benefits available. Both your employer and the insurer will be acting in their own best interests. The only person who will fight for your rights is your attorney. They will make sure that you apply for all the benefits for which you qualify.

You may be eligible for:

Medical benefits – Workplace injuries can result in serious injuries and high medical costs. Workers’ compensation covers, doctor’s visits, surgery, medication, rehabilitation, prosthetics, and other medical expenses.

Wage loss – Injured workers are often unable to work either temporarily or permanently. When this happens, workers’ compensation can help to fill the void, so workers and their dependents don’t suffer unnecessarily. The amount you can get will be based on your earnings before you became incapacitated.

Vocational rehabilitation – Depending on the nature of your injuries, you may not be able to return to your previous post. You may be able to claim compensation for training or skills upgrades which will help you prepare for a new job.

In the unfortunate event that you succumb to your injuries or illness, your survivors are entitled to compensation. They may be able to get funds to cover funeral costs and lost wages.

Filing Complex Claims

Some claims are straightforward. However, others are quite complicated. The more serious your condition is, the more difficult it may be to get the Bureau of Workers’ Compensation to pay your claim. Your employer may also challenge your claim. Furthermore, even the slightest error or missed deadline could affect the outcome of your claim. If you want to ensure you get the benefits to which you’re entitled, you should get a Cleveland workers’ comp lawyer to help you.

Describing the Extent of Your Condition

If you don’t provide full information about your injury or illness, you may not get all the benefits that you should. If you’re permanently disabled, your benefits should be more than if you can’t work for a couple of weeks. The benefits for which you’re eligible will depend on the severity and expected duration of your condition. Experienced attorneys will use your medical reports to show how your ability to work has been impacted. They will show that you deserve to get the type of compensation you’re claiming.

Responding if Your Claim is Challenged

Not all workers’ comp claims are approved. Sometimes the employer disputes the claim. In other cases, the BWC raises concerns. Both your employer and the board will have attorneys to advise them. If you don’t have a lawyer, you won’t have anyone to file an appeal on your behalf. If your claim gets denied, you need to move quickly. You have to appeal in writing within 14 days so you can get a hearing before the Industrial Commission of Ohio.

This provides you with an opportunity to present additional evidence of your injuries or correct any errors on your claim form. Even if you filed your initial claim without help from an attorney, you shouldn’t try to handle the appeal alone. If you really want to get your claim approved, you should work closely with an attorney.

Get Help from A Workers’ Comp Lawyer in Cleveland Today!

It’s not always easy to get workers’ compensation benefits. However, if you suffered an occupational injury or illness, you shouldn’t have to handle your losses alone. Reach out to the Cleveland workers’ compensation attorney today to get the help you need.