What Not to Say to an Ohio Workers’ Comp Doctor

You just got injured while working. After filing a claim for workers’ compensation, you think about what will happen after this work-related injury. Your employer will insist that you get an Independent Medical Examination (IME). This is due to incredible annual salaries from employers and the Ohio Bureau of Workers ‘Compensation (BWC). Ohio workers’ compensation claims request these IMEs when an employee is injured.

According to the U.S. Bureau of Labor Statistics, a total of 5,333 workers died from work-related injuries in the United States in 2019, up 2% from 5,250 in 2018. The rate of fatal work-related injuries was 3.5 deaths per 100,000 full-time workers (FTE), which was reported in 2018.

What Is an IME for Ohio Workers’ Compensation?

Independent medical examination is a regular practice in workers’ compensation cases related to an injury. These examinations are executed by qualified doctors after the injured employer requests them to be examined. The IME is designed to determine if your injury occurred while on duty, if you need certain medical treatment when you must return to work, and if the injury will result in a permanent disability.

How Do You Prepare for an IME?

Here are some ways we recommend in order to prepare for the IME.

• Dress Appropriately:

By this, we mean that it is not advisable to wear tracksuits or sweatpants for your formal medical evaluation.

• Come Early:

We recommend arriving at least 30 minutes early to complete all the required paperwork.

• Examine Your Medical History:

Your doctor will have access to your records, but you should know your history as much as they do.

• Be Honest:

Do not accentuate your pain or trauma, and don’t be afraid to tell them that something does not hurt. In addition to that, make sure that the story you tell about your injury matches exactly what you wrote in your lawsuit paperwork against your cause.

• Be Constant:

Most likely, even before you enter the building, someone is watching you. For this reason, do not hesitate and show different emotions in the examination room and then change your behavior outside the examination room. This is inconsistent and can be termed as dishonest behavior that could adversely affect your case.

• Be Polite:

Please note that the exam can be lengthy. This is simply because the doctor wants to be considerate. Remain calm and polite throughout the test and do not react to the length of the assessment.

Why Are IME Doctors on the Employers’ Side?

Physicians have significant influence over workers’ compensation cases. Your IME can make or break your reasoning. This is especially true when your PCP and your employer’s representative do not come to the same conclusion. But why would the doctor appointed by the company disagree with them?

This is due to a simple conflict of interest. A company-approved physician intends to reasonably serve the interests of the company and not their own or even yours. In these cases, doctors are financially motivated to act on behalf of the employer during such assessment. However, your physician acts on behalf of you, the patient.

What Should I Look for When I See an Ohio Workers’ Compensation Doctor?

In Ohio, injured workers always have the right to choose a doctor to pay compensation to their workers. Take this opportunity and do your research. Choosing a highly skilled workers’ compensation doctor can be of great benefit in your case. Here’s what to look for in the case of your doctor:

• Experience and Skills
• Expertise
• Familiarity and Experience with Your Type of Injury
• Understanding Workers’ Compensation Requirements and Willingness to Protect You
• Acceptability of Ohio Workers Compensation
• Accessibility
• Close to Home

What You Should Not Talk About With Your Compensation Doctor:

Some comments or actions are not recommended in front of your workers’ compensation doctor. Here are few things to keep in mind when talking to your examiner at the IME:

• Never say anything that exaggerates your symptoms
• Be honest about your feelings. Honesty is the best policy when it comes to employee compensation
• Describe any relevant previous injuries and do not omit any details of your accident

See an Experienced Workers’ Compensation Specialist:

We have been protecting injured workers throughout the state. We pride ourselves on providing each of our clients with care and attention, no matter how simple or complex your case may be. As a representative of thousands of past clients, it is our experience and performance that will strengthen your Ohio workers’ compensation claim. To schedule a consultation, call us today.

How Do I Check On My Status for My Workers’ Comp Claim in Ohio?

After an occupational injury, time is of the essence and it is to your advantage to file a claim as swiftly as possible. But how will you know in which direction your case is headed? What should you do once the workers’ comp claim in Ohio has been filed? In this blog, we will try and address all the queries you may have and play our role to help you make the right decision.

The U.S Bureau of Labor Statistics reported in 2019 that a little over 91,000 non-fatal work-related injuries and illnesses took place in Ohio. This led to a 2.4 per 100 full-time workers’ incidence rate.

What Legal Recourse Do I Have After a Workplace Injury in Ohio?

A lot of people are clueless regarding the legal options an injured person may have. Filing a workers’ comp claim in Ohio is the simplest answer to uphold the rights you are entitled to after an occupational injury. In such a type of claim, you are able to recover lost earnings and medical costs incurred in the event of the damages sustained by you.

The following parties have a right to lawfully file a claim in Ohio:

• The injured worker: The plaintiff must file the first report of injury within one year starting from the date of the incident.
• The doctor attending to the injured employee: It is essential to note that doctors who file a claim on behalf of the injured worker are also required to fill either the BWC or managed care organization (MCO). MCO is an entity that administers medical treatment for workplace injury claims.

The wounded individual or their dependents will receive a notification letter after the BWC has received a claim. Moreover, they will also get a BWC identification card in their mail. This usually takes place after a few days of filing a claim. After receiving this mail, the injured employee can sign up for an online account in which they can view the live status of their claim.

Timeframe to File a Workers’ Comp Claim in Ohio?

“Statute of Limitations” is called the time a plaintiff has to file a claim. On the other hand, two years are granted to such workers who have suffered from a work-related disease. This may seem like a handful of times. However, when people delay fighting their case, the statute of limitations expires.  Subsequently, you cannot legally file a claim against the defendant. This results in an inability to collect a payout against their injuries.

Checking Up on Your Ohio Workers’ Comp Claim in Ohio:

It is likely that you want to go back to work as soon as possible after an occupational injury. It is also imperative that you are completely healed and in a position to work before you start performing your job again. During this process, you must check the status of your claim. Your attorney or the BWC can share this information with you once you have created an e-account with BWC. This will help you stay one step ahead of your claim status.

Why Do People Wait to File Workers’ Comp Claim in Ohio?

This can be a bit complicated to understand when the workers are in dire need of medical assistance and still do not file a claim.

• Fear of Employer Retaliation:

Some employees fear that if they do file a claim, they will be moved to a different department or even get demoted. Getting ultimately fired is also one of the things contributing to their trauma. Being aware of the fact that you have legal rights and options as a citizen of the state is essential. A lot of people do not know that retaliatory actions by employers have legal consequences. This suggests that an employer cannot punish, threaten, or fire an employee for filing a lawsuit against them.

• Fear of What People Will Think:

People often have a perception that their co-workers will see them differently if they file a claim. It is imperative that everyone performing their employment duties forget about what people think and start looking out for what is best for them.

• Waiting to See How Severe the Injury is:

This is the situation where people evaluate how grave their damages are eventually going to turn out. It is a fact that waiting for the injury to heal itself is dangerous. Therefore, you must always visit a medical professional to make such decisions for you.

About Us:

We at Workers’ Compensation Lawyers are a team of professionals who ease the process for your workers’ comp claim in Ohio. In this way, you will have ample time to sit back and relax while your wounds heal, while we win the case for you. Call us today or visit our offices to book a free session.

Temporary Total Disability: TTD Benefits in Cincinnati, Ohio

What entitlement do you have to TTD benefits in Cincinnati, Ohio? The two most common concerns raised by injured workers are; “If my injuries prevent me from returning to work, how will I earn money?” and “How will I afford the cost of my medical treatment?” Health care benefits are provided as well as perks, along with any compensation for any lost income in an Ohio workers’ compensation system. This measure largely addresses the concerns of the workers.

You are entitled to temporary total disability compensation in case you are temporarily unable to return to work. Get in touch with a competent attorney to see if you are eligible for TTD benefits in Cincinnati, Ohio. They will facilitate you throughout the process.

As per the report of the U.S Bureau of Labor Statistics, over 91,000 nonfatal occupational illnesses and injuries were reported by Ohio’s private industry employers in 2019. This resulted in a 2.4 per 100 full-time workers’ incidence rate.

What Does Temporary Mean?

The word “temporary” in the scope of this context means that there is the hope of improvement as it pertains to the permitted mental or physical conditions in the underlying workers’ comp claim. Therefore, there must be documentary evidence of clinically approved treatment plans and procedures. Such plans should be able to demonstrate the possibility of improvements in the allowed conditions.

What Is Temporary Total Disability?

Temporary total disability is the amount of compensation paid to an injured employee in order to provide for the lost earning due to a work-related injury. Therefore, if you are unable to return to your designated position after the incident, you are entitled to collect TTD Benefits in Cincinnati, Ohio. The said injured worker will also have the right to collect benefits if they have to return to work with some medical restrictions and the employer has failed to accommodate those restrictions.

Medical costs and other health care expenses pertaining to the damage are to be paid despite how much time is missed from work. However, the payment of TTD is directly proportional to how much time you missed from work.

• No TTD is payable if you miss 7 days of work
• You receive TTD on the commencement of the 8th day in case you miss 8-14 days of work
• You are entitled to TTD for days 1-7 if you miss 14 or more days of work

How to Claim TTD Benefits in Cincinnati, Ohio?

The injured worker’s doctor must fill the Physician’s Report of Work Ability form to request payment of TTD. The injured employee is required to complete a C84 form. Both these forms must be filed with the Ohio BWC.

TTD is paid based on the injured employee’s full weekly wage for the first 12 weeks after the injury. It is paid at 72% of the entire weekly wage.

TTD is based on the average weekly wage rate if the worker still cannot work after 12 weeks from the date of injury. This benchmark is determined by averaging the injured individual’s monthly income for the last 12 months prior to the incident. The benchmark rate is 66.66% of the average weekly wage and may not exceed this rate.

How Long Does Temporary Total Disability Last?

Until and unless one of the following situations arises, an injured worker has a right to receive temporary total disability benefits:

• The injured worker returns to work
• The employer offers a light-duty job within the medical constraints
• They are cleared by their doctor to return back to the job they were previously performing before the accident
• The worker has achieved maximum medical improvement
• The said worker returns to work for another employer either part-time or full-time.

Why Do I Need an Attorney?

Many complex and potential issues may arise if an injured worker claims TTD benefits. For instance, the employer may challenge the claim and make the worker visit a doctor for a medical evaluation. Due to such reasons, it is preferred to consult an attorney and discuss all your legal options with them. A skilled attorney can make sure your rights are safeguarded and you are not exploited by the employer.

Contact Our Cincinnati Workers’ Compensation Lawyers

Claiming TTD benefits in Cincinnati, Ohio can be extremely complex and a cumbersome process. However, we suggest you not fret about that. Our fleet of professional and qualified attorneys will assist you in the whole process and also explain the legal framework along with your legal options. Get in touch with us today and we will provide you with some exceptional legal services.

How Can I Receive Cleveland Workers’ Comp If I Work from Home?

During this Covid-19 pandemic and lockdowns, employees were allowed to work remotely. We all know that employees are to be fairly compensated if they are injured while doing any activity under the scope of their employment, but what if they are injured while working from home? This question was raised by many people and there is an answer to this question. You are entitled to Cleveland workers’ comp if you are a covered employee who has been injured while performing their employment duties under the ambit of employment. This is a flawed perception that workers are only going to be compensated for any injuries sustained while traveling for work or visiting a client.

According to Stanford News, almost twice as many employees are working from home as at work. In the mid of 2020, 42% of the US labor force were working from home full-time. About another 33% were not working. The remaining 26%, mostly essential service workers, were working on their business premises. Therefore, the United States had become a work-from-home economy.

If you suffer any kind of wound while working from home, you should not have second thoughts about asking your employer regarding workers’ compensation benefits. If your employer or workers’ compensation insurance administrator denies your right to benefits, you should immediately consult a competent workers’ compensation lawyer. You should explain the complete situation to them that how you got injured while working from home and have them determine and explain your legal options.

Can You Get Ohio Workers’ Comp While Working From Home?

If you are under the employment terms, the workers’ compensation insurance has got you covered. This has nothing to do with the location at which employment activities were performed. All employers in Ohio having a workforce of either one or more employees must maintain active workers’ compensation insurance coverage to address any injuries that the workers may face while on the job, despite how they were injured.

An independent consultant, a visiting faculty member, or a contractor is not a full-time employee and is, therefore, not eligible for any kind of insurance benefits. If your employer permits you to work from home, then effectively your home is your workplace. The workers’ compensation claim is not affected by the fact that you live other aspects of your life simultaneously while working from home.

In Bremner v. Industrial commission, a workers’ compensation claim was granted to a switchboard operator who slipped on the front porch of her house while fetching for milk to put in her cereal so that she could eat while working. The court ruled that seeking food or other nourishments may be personal in nature, but can be essential for an employee’s work. Therefore, any injury that an employee sustains may occur due to the individual’s performance of duties in the course of their employment.

This is only applicable in the case that employees act prudently and in a reasonable manner and the injuries occur while they are inside the employer’s property or working from home under the directives of their employer. Furthermore, employers could completely bolt from their responsibility to provide adequate workers’ compensation if all injury claims are denied solely because they take place at home.

Protect Your Virtual Status for Your Cleveland Workers’ Comp Claim:

An employer who might dispute a virtual employee’s workers’ compensation claim would be expected to assert that the employee was not working when they got injured. Depending upon the nature of your job, you may be connected to the company’s system or may have clocked into its portal which indicates that you were online at the time of the accident.

If you are continually viewing or uploading assignments or data files to the portal, this is also evidence of your active work status. If your organization does not have any such online portal or automated software, consider routinely checking in with your supervisor or colleagues so that they are aware of your Cleveland workers’ comp status.

Moreover, if you visit a doctor after your injury, explain to them the cause and place of the accident and tell the doctor that you intend to file a Cleveland workers’ comp claim. Additionally, it is vital to document every detail of the injury and not to miss doctor’s appointments or medications prescribed by them in your Cleveland workers’ comp claim. Any sign that you are not properly attending to the medical needs, or the wounds are insignificant, and you may blow off your chances of a favorable court ruling and would be required to instantly return to work.

How to Win Your Ohio Workers’ Comp Claim:

We at Ohio Workers’ compensation lawyers comprise a team of qualified professionals who will guide you through your Cleveland workers’ comp claim. Our objective is to provide confidence and a sense of safety to our fellow members of the working class. We will work day in and day out for you and provide you the best compensation to which you are entitled.

When Does Your Cincinnati Workers’ Compensation Run Out?

There is a high chance for you to get workers’ compensation benefits if you get hurt while on the job. Our Cincinnati workers’ compensation lawyers are here to help you. The Ohio workers’ compensation insurance administration is devised in such a way that it covers lost wages, medical costs, and provides disability payments.

It is essential to know how long you have until you can receive the workers’ compensation if your claim is approved. It’s important to know that such programs have their own limitations. According to the data gathered by NSC Injury facts, the average cost of all claims combined in 2017-2018 was $41,003.

How Long Until You Can Collect Your Cincinnati Workers’ Compensation:

The time frame of your Cincinnati workers’ compensation is connected to the nature and gravity of your injury. Temporary total disability is among the most common type of workers’ compensation. TTD is for employees fully disabled due to a work-related accident and will continue to work after they have completely recovered. If you are unable to work or are hospitalized for more than seven days, only then you are entitled to TTD benefits. Most workers will get compensated for the whole period they are out of work. However, payments are conditional on medical exams and reports. The first seven days are only compensated for if you miss at least fourteen straight days of work.

When Do Cincinnati Workers’ Compensation Benefits End?

Maximum medical improvement (MMI) is when a person’s condition has stabilized and there is no room for further improvement. TTD benefits have lapsed once you return to work or your doctor concludes that you have reached MMI.

You may be entitled to other benefits even if the TTD has lapsed. For instance, you may be eligible for earnings lost if you are working at a reduced pay rate or fewer hours due to physical restrictions or constraints. If your injury resulted in residual damage, permanent partial disability may also be your option.

You may be awarded lifelong Cincinnati workers’ compensation if you are permanently unable to return to any form of employment. This is also known as permanent total disability (PTD). You will receive the lost earnings capacity payment for the rest of your life if your claim for the permanent total disability is approved. You must take the Industrial Commission of Ohio exam and hearing to conclude if you are eligible when you apply for PTD.

It is often observed that some people have old workers’ compensation claims which are still open. However, these claims relate to their previous employments which were never paid. It is witnessed that an employee who suffered a severe injury while performing their previous job has ongoing or occasional symptoms, but has never applied for the permanent partial disability award. It is likely that your employer will not educate you regarding permanent partial disability compensation, as they have no liability in this regard.

There are times when an injury will adversely impact your arm or spine. If you get immune to this, you may not think much about it. However, this loss is likely to result in a huge compensation award for you. Opting for a PPD serves a lot of purposes. Most importantly, a PPD award will increase the life of the claim by either five or ten years, depending on the nature of the accident, the time when it took place, and the nature of the ongoing occupational disease.

Secondly, attaining a PPD award will compensate the employee who was injured for residual impairment they bear due to that injury. Furthermore, obtaining a PPD award can be a step forward in activating the previously dormant claim and make room for additional treatments.

Establishment of Percentage of Disability:

The percentage of disability is usually calculated as per the framework provided by the Guides to Evaluation of Medical Impairment of the American Medical Association. There are several different variations to this guide. Typically, the use of one edition against the other can impact the amount that the medical examiner assigns to you. These are extremely complex and detailed examinations and require a qualified medical professional to perform them.

About Ohio Workers’ Compensation Lawyers:

We at Ohio Workers’ Compensation Lawyers are a team of extremely competent attorneys who will guide you through your Cincinnati workers’ compensation claim and ensure that you are provided for the injuries you have sustained. Our live customer support team will guide you through the legal framework to further smooth things over. Call us now to book a free consultation and know more about the services we offer.