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October 2014 Archives

Ohio Bureau of Workers' Compensation

The Ohio Bureau of Workers' Compensation (OBWC or BWC) provides workers' compensation insurance coverage for employers and employees in the State of Ohio through a $22 billion fund. Based on assets under management, OBWC is the largest exclusive state-operated and second largest overall provider of workers' compensation insurance in the United States.

If I render services in an emergency am I protected by the workers' compensation fund?

Revised Code § 4123.025 extends workers' compensation coverage to persons requested or ordered to perform public service in an emergency. This section does not include persons who are volunteers and covered under R.C. § 4123.03, and application of R.C. § 4123.025 is expressly limited to emergency situations. A duly authorized public official of the state, one of its institutions or agencies, or a political subdivison, can request or order the public service. The statutorily expressed purpose is to encourage participation of all appropriate persons in an emergency. 

Why getting compensation after a work-related accident is key

Imagine that you have just suffered an injury while on the job. The injury is so severe that you not only require considerable medical attention afterwards but you are unable to work for a significant period of time. The injury also requires additional rehabilitation, which adds an additional financial strain you might not be prepared to handle so soon after a workplace accident.

If you are an alien or non-resident in Columbus you may still be covered by the Ohio workers' compensation system

The definition of "employee" under R.C. § 4123.01(A)(1)(b) expressly includes aliens, so no colorable distinction between workers exists on the basis of the alienage or citizenship. Even when an alien is subject to deportation, he or she is an employee. The law also extends coverage to all employees performing work in Ohio, regardless of their residence or domicile. 

Medical Benefits Paid to Injured Workers

The Ohio Revised Code provides that every employee who is injured or who contracts an occupational disease is entitled to receive such medical, nursing, and hospital services as are authorized under Chapter 423 of the Revised Code. Section 4123.66 authorizes the Administrator of the BWC to pay such amounts from the State Insurance Fund for such medical services, nursing services, hospital services, and medicine as the Administrator "deems proper." 

Compensation and Benefits

Chapter 4123 of the Ohio Revised Code prescribes the amount and duration of compensation payable to an injured worker. The Industrial Commission lacks the power to adopt rules and regulations establishing a rate of compensation other than that prescribed by the statute, and compensation to which an injured worker is entitled is a substantive right the amount of which is determined with reference to the statute in effect on the date of injury.

How do I choose a physician to help with my work-related injury?

After suffering a work-related injury, most people's first thought is to seek medical attention. This is an incredibly good idea because it helps assess the severity of the injury, which tells you how much time you will need for recovery. But on top of this, seeing a physician after suffering a work-related injury also provides the necessary documentation you need to help turn your claim for workers' compensation into actual benefits later on.

Workers' comp tightens pain-pill rules

The Ohio Bureau of Workers' Compensation said it has stepped up monitoring of the millions of doses of pain pills prescribed to injured workers every year as the agency tries to control costs and fight rampant prescription-drug abuse.

Social Security Disability Benefits for Columbus Members

Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. To qualify for Social Security Disability benefits, you must first have worked in a job, or jobs, covered by Social Security. You then must have a condition that meets the Social Security definition of disability. To meet Social Security's definition of "disability," you must not be able to engage in any substantial gainful activity because of a medically-determinable physical or mental impairment(s); that is expected to result in death, or that has lasted or is expected to last for a continous period of at least 12 months.  Benefits usually continue until you are able to work again on a regular basis. If you are receiving Social Security Disability benefits when you reach full retirement age, your disability benefits automatically covert to retirement benefits, but the amount remains the same. 

Columbus Workers Compensation Attorney

The Bainbridge Firm, LLC: We're Here To Help

If you've been injured on the job, or a disability is preventing you from working, you may worry about how you will make ends meet. At The Bainbridge Firm, LLC, we're here to help. For more than 40 years, our firm has been helping clients get the workers' compensation and Social Security Disability (SSD) benefits they need to pay their bills, treat their injuries and put food on the table.

Artificial turf and the risk of an occupational disease

In some jobs, there are certain injuries or diseases that are immediately recognized as work related. That's because they are commonly reported by workers in that job field, making claims for workers' compensation benefits a little easier to make.

Statutory Permanent Total Disability Compensation in Columbus

Statutory permanent total disability compensation is different from permanent total disability compensation. Statutory permanent total disability compensation is granted to a person who has lost both eyes, both hands, both arms, both legs, or both feet, or any combination of each, in an industrial accident. Similarly to permanent total disability, statutory permanent total disability compensation was created to benefit the injured worker for the remainder of the injured workers' life. However, unlike PTD, under statutory permanent total disability compensation, an injured worker may still be eligible for compensation even if the injured worker is capable of working, or is currently working.

Temporary Total Disability Compensation for Columbus Workers

"Total disability" means that the injured worker is unable to return to his or her former position of employment. A finding of temporary total disability, sometimes referred to as TTD, does not require a showing of complete physical impairment; rather, TTD requires a showing that the injured worker is prevented from performing his or her regular job duties.

Permanent Partial Disability Compensation for Columbus Workers

Permanent Partial Disability Compensation, commonly referred to as PPD, is a monetary award for residual disability. Residual disability is permanent damage/impairment that the worker experiences as a result of the injury. For example, let's say that a worker breaks his leg in a work-related incident and, due to that injury, the worker can and will no longer be able to fully extend his leg. The worker can file for a PPD award based on the permanent damage/impairment done to that leg, i.e., his inability to fully extend it. The permanent impairment that results can be either physical or psychological, however, to receive an award based on a psychological condition there must be an allowed physical condition in the claim as well. This type of award is meant to compensate the injured worker for their 'impairment of earning capacity' and is, generally, paid in a lump sum amount. Permanent Partial awards do not end workers' compensation claims. Claims remain open even after the issuance of a permanent partial award.

Worker Critically Injured When Pinned by Machine at Columbus Castings

Columbus, OH (WorkersCompensation.com) - A Columbus Castings worker suffered a broken back, a collapsed lung and partial paralysis of his left leg after becoming pinned in a machine at the steel foundry on April 22, 2014. An investigation into the incident has resulted in the issuance of two repeat and two serious safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration. The steel foundry has been cited 11 times in the past 10 years for exposing workers to dangerous machine hazards at the plant, which produces castings for use in the automotive, mining, agricultural, construction and rail industries. Proposed penalties total $89,500.

When an injury goes beyond a workers' compensation claim

When you suffer an injury because of your own negligence, most people are okay with covering their own medical expenses. But when injuries are the result of someone else's negligence, sentiments are different. Victims often feel that they should not be responsible for covering their medical bills because it was not their own negligence that led to the accident in the first place.

OH BWC Investigations Out of Columbus Result in 8 Workers' Comp Fraud Convictions in August

Columbus, OH (WorkersCompensation.com) - Ohio Bureau of Workers' Compensation (BWC) Administrator/CEO Steve Buehrer announced on September 17, 2014, that eight individuals were convicted of, or pleaded guilty to, charges related to defrauding Ohio's workers' compensation system in August 2014. These court actions are the result of investigations conducted by BWC's Special Investigations Department (SID).

Non-complying Employers in Columbus: Do I Still Get Compensated For My Injury?

An employee who works for a non-complying employer may still seek workers' compensation benefits from the Surplus Fund. The fact that a non-complying employer fails to pay into the Workers' Compensation Fund is not justification to deny benefits to an injured worker who is otherwise entilted to benefits. 

There Is No Offset Of OPERS Disability When Receiving Workers' Compensation Benefits

Public employees are covered by the Ohio Public Employee Retirement System (OPERS). If a public employee receives OPERS' disability benefits those benefits are awarded and paid pursuant to Chapter 145 of the Ohio Revised Code. Chapter 145, however, provides for no adjustments to the benefit calculation based on the receipt of Workers' Compensation benefits. In essence, chapter 145 is silent concerning the person that is receiving both OPERS disability benefits and Workers' Compensation benefits. This 'silence' is important because when determining legislative intent it is the duty of the court to give effect to the words used, not to delete words used or to insert words not used. Thus, the receiving of Workers' Compensation benefits does not offset OPERS disability benefits.

NJ Company Fine $136,290 For Willfully Exposing Workers To Safety And Health Hazards

Someville, NJ (WorkersCompensation.com) - Custom-order cabinetry company Choice Cabinetry LLC exposed employees to safety and health hazards, many involving methylene chloride, according to the U.S. Department of Labor's Occupational Safety and Health Administration. Initiated as part of its Site-Specific Targeting Program for industries with high injury and illness rates, OSHA's March 2014 inspection cited the Somerville company for 15 violations, including three willful. Proposed penalties total $136,290.

Ohio's Minimum Wage will increase to $8.10 in 2015

On January 1, 2015 Ohio's minimum wage will increase to $8.10. This increase accords with the 2006 constitutional amendment passed by voters. The amendment requires the rate of minimum wage to increase with the rate of inflation each year. Importantly, this increase applies to employees of businesses that have gross receipts of more than $297,000 per year.

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The Bainbridge Firm, LLC

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Columbus, OH 43215

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