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March 2015 Archives

Injuries can lead to workers' comp and disability benefits

Most people in Ohio know that if they are injured on the job, they can apply for workers' compensation benefits that can help cover lost wages, medical expenses and even rehabilitation treatments. For a lot of people, workers' comp benefits are incredibly important because they make sure that an injured worker is being provided for financially, allowing the worker to focus on recovery instead of their expenses.

Taxation of Social Security and SSDI Payments

If you receive Social Security or Social Security Disability Insurance (SSDI) income, you will also receive a Form SSA-1099 from the government. This form tells you the total amount of your benefits but does not tell you if any of your benefits are taxable, or at what percentage.

Who may appeal the decision of the Industrial Commission?

Revised Code § 4123.512 provides that the claimant, the employer, or both may appeal a decision of the Industrial Commission to a court of common pleas. Although the Administrator may prosecute an administrative appeal, the Ohio Revised Code does not afford the Administrator a right of appeal to a court of common pleas. 

Apportionment of death benefits

If there is more than one wholly dependent person at the time of the workers' death, R.C. § 4123.59(B) requires the Industrial Commission to apportion the award among all such dependents. The Industrial Commission may apportion the benefits "as it deems equitable in the circumstances of each particular case." The Commission has no obligation to make an equal apportionment among those claimants who were totally dependent upon the decedent. 

Scaffolding collapse kills 3, death benefits may be possible

As some of our more regular followers know, we sometimes highlight news stories we think are applicable to our readers' situations. Though some of these news stories come from our own state, sometimes we like to point out stories from other states to show that it isn't just Ohioans who experience issues regarding unsafe working conditions and issues regarding workers' compensation claims.

Who counts as a "dependent" for death benefits purposes?

A claim for death benefits under R.C. § 4123.59 requires proof that the claimant is a dependent of a decedent whose death was caused by a work-connected injury or occupational disease. A dependent is generally "one who looks to another for support, help or favor." Benefits are awarded to defray the ordinary living expenses of one who has been deprived of the decedent's support. The decedent need not have actually provided the dependent with support; the determinative inquiry is whether the claimed dependent had a legal right to support from the decedent. 

Coal-workers' pneumoconiosis fund

Revised Code § 4131.03 provides for the establishment of a coal-workers' pneumoconiosis fund. The fund consists of premiums and other payments made by employers that elect to subscribe to the fund in order to insure the payment of benefits required by the federal act. 

World Series winner: Trying to get SSD benefits has been tougher

Whether you're a baseball fan or not -- and whether or not you love the Yankees -- Brian Doyle's story stands out. When the 1978 World Series began, Doyle was a reserve second baseman. When the team's first stringer got injured, though, Doyle rose to the occasion spectacularly. He hit a .438 in the series, which the Yankees won in just six games.

'Managers told me to put mustard on it': fast-food workers say burns are rampant, file OSHA complaints

More than two dozen low-wage McDonald's workers filed health and safety complaints against the fast-food chain on Monday, alleging that understaffing and time pressures in stores have led to burns, falls and other injuries, according to the worker group representing them.

Residual Disabilities

Ohio Revised Code § 4123.52 provides the Commission with continuing jurisdiction to make modifications, changes, findings, or awards if written notice of a claim relating to the specific part or parts of the body injured or disabled has been given pursuant to § 4123.84 or 4123.85. This grant of continuing jurisdiction includes the power to award compensation or benefits for loss or impairment of bodily functions that develop in a part or parts of the body not specified under § 4123.84(A)(1) if the injury is residual to any injury of a body part as to which notice was properly given. A "residual" injury is one developing in a body part not originally alleged to have been injured. For example, a psychiatric condition that subsequently develops as a result of a knee injury qualifies as a residual injury. 

BWC funding workplace safety research at Ohio University

COLUMBUS-- The Ohio Bureau of Workers' Compensation (BWC) and Ohio Board of Regents today announced Ohio University (OU) has been awarded a $245,000 research grant to improve workplace safety. OU is one of six higher education institutions in Ohio selected for $2 million in funding for nine research proposals.

Why it's important for Sub. S.B. 252 to pass Ohio Senate panel

Did you know that current laws do not afford workers' compensation benefits to workers who develop psychiatric conditions because of traumatizing events that occur while on the job? It is in the opinion of some of our Franklin County readers that this loophole is harmful to workers who may have suffered an on the job injury but cannot receive compensation because it's an injury no one can see.

Ohio bill would allow workers' compensation for PTSD

COLUMBUS -- Emergency responders diagnosed with post-traumatic stress disorder could be eligible for workers' compensation benefits even if they don't have physical injuries under proposed legislation being considered by an Ohio Senate panel.

The compensation bargain

The Workers' compensation Act reflected a growing public sentiment that employees should receive compensation for work-related injuries and that compensation should be regarded as a charge upon the business in which the employee worked. Workers' compensation in the state of Ohio therefore attempts to accommodate the correlative rights and duties of employers and employees. 

Litigation beyond the Industrial Commission hearing process

Before further litigation proceedings can take place in the court system, the party must exhaust all administrative remedies first. This means going through the entire Hearing process at the administrative level which is explained in our earlier blog of February 25, 2015. Failing to do this will result in any further proceedings pursued in court to be dismissed. There are a few different types of appeals/actions that can be instituted after the administrative process has been exhausted:

OSHA follows up on ProPublica/NPR's report on the demolition of workers' comp nationally, linking workers' comp failures to income inequality

A few hours after ProPublicand NPR issued the first in a series of reports about workers' compensation "reforms" sweeping the country, the Occupational Safety and Health Administration coincidentally released a paper linking workplace injuries to income inequality.

How chronic pain can affect your ability to work

If you've ever suffered a serious or catastrophic injury because of your job, then you know how long the healing process can take. It can take months or even years before you are even well enough to return to work and even then you may never feel 100 percent.

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The Bainbridge Firm, LLC

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Columbus, OH 43215

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