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September 2014 Archives

Out-of-state case shows how PTSD can be a work-related condition

Imagine that you are on the job, minding your own business when suddenly there is a horrific accident that injures and kills several of your coworkers. Even though you are not physically injured by the accident in any way, you did witness the tragedy and find it difficult to push the incident from your memories.

Oil Well Fire Injures 1 in Morrow County

A truck fire at an oil well off State Route 61, south of Mt. Gilead, injured the truck driver and completely destroyed the vehicle on Friday, September 26, 2014. The tank of the truck was reported to be filled with a flammable substance and still connected to the oil well. Ultimately, the fire was contained to the truck and was allowed to burn itself out. The driver sustained second and third degree burns on his right arm and was transported by ambulance to a Columbus hospital.

If I live out of state, where will my hearing be held?

Pursuant to Ohio Adminstrative Code 4121-3-09(C)(8), hearings for injured workers who reside outside of the state of Ohio and are located more than one hundred miles from an Industrial Commission of Ohio (IC) service office will be held in Columbus, unless the parties of interest have agreed in writing to a change of venue. Other hearings before the IC or its hearing officers shall be at the places designated by the IC in the notices of hearing.

Must the BWC Comply with Due Process Requirements?

Yes, due process must be provided when the legal rights of the injured worker or employer are affected. All parties must be given timely and appropriate notice of the decision and provided an opportunity to raise issues in an appropriate manner. BWC provides due process by:

Black Lung claims could get help from new legislation measure

In our society, people work to make money so that they can support themselves and their families. But if the job is particularly dangerous or comes with the risk of developing an occupational disease, an unfortunate catch-22 is created. A person may no longer be able to work because of a work-related injury or illness but may need to in order to provide financial support for their family.

What is a BWC Order?

A BWC Order is the written notification to all parties of the claim of the decision the Customer Service Specialist (CSS) has made from the evidence that has been gathered during the investigation of a claim. ORC 4123.511(A)(B) BWC Orders provide a consistent, standard format that is user friendly and similar to the format and language used in IC Orders. ORC 4121.36(B)

Ohio BWC Investigators Crack Chiropractor's $300,000 Fraud Scheme

Columbus, OH - A Nelsonville (Athens County) chiropractor was ordered to pay more than $300,000 in restitution to the Ohio Bureau of Workers' Compensation. Michael L. Brown pleaded guilty Aug. 22 in Franklin County Court of Common Pleas to one count of workers' compensation fraud, a fourth-degree felony.

What does "injury" mean?

The Ohio Revised Code § 4123.01(C) defines injury very broady to include any injury an employee receives "in the course of, and arising out of" their employment. The "course of" and "arising out of" requirement basically means that the injury must exist as a result of the employment. Workers' compensation covers injuries even if a specific incident, or accident, did not occur. This means that an aggravation of a pre-existing condition may also qualify as an "injury"

New regulations aim to reduce workplace accidents

In the United States, the federal government has established rules and regulations for safety in the workplace and how employers respond to work-related accident. In the event of injury or death, employers are required by law to report these accidents, which can lead to an investigation and inspection of the facility where the accident occurred.

What is "Maximum Medical Improvement"?

Ohio Administrative §4121-3-32(A)(1) defines Maximum Medical Improvement (MMI) as a treatment plateau at which no fundamental functional or physiological change can be expected within reasonable medical probability.

Occupational cancer: is your job putting your health at risk?

If you asked anyone to make a list of the most dangerous occupations, firefighting would be near the top. Most people would consider it a risky job because you are usually going into a burning structure where you run the risk of dying from a number of things including fire exposure, smoke inhalation, and even structural collapse.

Can I Be Denied Coverage Because I Was Injured While Engaging in Recreational or Social Activities at Work?

The type of activities conducted on the employment premises is often determinative of the course of employment issue. Injuries sustained during recreational and social activities on the employer's premises have generally been held to be compensable. Yet, to be compensable, the injury must have been sustained while engaging in activities that were customary, either in the industry or in the particular place, in order for the activities to qualify as a regular incident of employment. 

Waiver of and Employes' Rights to Participate in the Workers' Compensation System is Prohibited

Ohio Revised Code § 4123.80 prohibits an employee from waiving rights to compensation or benefits under Ohio workers' compensation laws. This prohibition is intended to prevent an employer from making an employee's or a prospective employee's surrender of benefits awardable under the Act as a condition of employment; the employer cannot thereby shift its share of responsibility for work-related injuries onto the injured worker. 

Am I Covered by the Fund If I Am Injured Performing My Duties With The Ohio National Guard?

In order for a member of the Ohio National Guard to be considered an employee of the state of Ohio for purposes of receiving workers' compensation benefits, the claimant must satisfy a two-prong test: (1) the member must have been ordered to state active duty by competent state authority; and (2) federal benefits must not be otherwise available to the member. 

What if I am Injured Performing A Community Service or Volunteering?

Individuals may be covered under the Ohio workers' compensation system if the state or political subdivision thereof contracts with the BWC to provide coverage for persons performing voluntary services when such persons do not otherwise qualify as "employees." Upon execution of the contract, the persons covered by its terms are entitled to the same benefits accorded to employees.

5 things you should know about work-related hearing loss

According to the Centers for Disease Control and Prevention, hearing loss is the most common work-related illness in the United States. Millions of workers across the nation are exposed to seriously high levels of noise in their every day jobs, which can lead to conditions such as tinnitus or total hearing loss.

Municipal Volunteer Policemen and Firemen are Covered by the Fund

The definition of "employee" includes regular members of lawfully constituted police and fire departments of municipal corporations and townships, whether those members are paid for their services or volunteer, and whether they serve within the state or are on temporary assignment out of state. This includes volunteer policemen and firemen only. All other volunteers must be covered by contract befoe coverage from the workers' compensation fund will be afforded to them. 

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The Bainbridge Firm, LLC

Columbus Office
900 Michigan Avenue
Columbus, OH 43215

Toll Free: 800-762-1612
Phone: 614-545-9990
Fax: 614-224-9300
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611 Court Street
Portsmouth, OH 45662

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Phone: 740-353-7548
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Ironton, OH 45638

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Marion, OH 43302

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Cambridge, Ohio 43725

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Phone: 740-435-3342
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Waverly, OH 45690

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