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]]>For injured workers that are receiving temporary total disability, the first thing to check is whether the Bureau of Workers’ Compensation or Third Party Administrator has the requisite paperwork to pay ongoing benefits. In order to be paid on time, injured workers must complete a C84 form, certifying that they are not receiving any other benefits.
The physician of record must complete a MedCo14 form certifying that the injured worker cannot return to their former position of employment. In order to avoid a stoppage in benefits, our workers’ compensation attorneys recommend you maintain regular appointments with your doctor at the time when the last form expires. This will allow you to keep receiving benefits without any interruptions.
A finding of maximum medical improvement is another reason they would stop benefits. Maximum medical improvement means that an injured worker has reached a treatment plateau. This finding immediately leads to the termination of benefits if the injured worker’s doctor documents the finding.
One other way that can lead to the termination of benefits is if the Bureau of Workers’ Compensation or Third Party Administration obtains a report from a doctor that indicates that an injured worker has reached a treatment plateau.
If a report is received, there must also be a hearing to determine whether they will adopt this opinion. This means that if the treating physician does not think that a treatment plateau has been reached, there is an opportunity to dispute this conclusion. However, if the Industrial Commission does find you have reached maximum medical improvement, they will stop your benefits as of the date of the hearing.
If your doctor releases you to return to work without restrictions, your benefits will be stopped. This happens because there are no more limitations related to your injuries. To remain eligible for workers’ compensation benefits, there have to be restrictions related to the injuries sustained as part of your claim.
The good news is that even when one benefit is stopped, other benefits are available depending on your claim and your situation. While temporary total disability may have stopped, you could be eligible for a vocational rehabilitation program that would restart benefits.
If you are back to work with restrictions and are not making the same amount of money, you would be eligible for working wage loss. If you are back to work unrestricted or found to have reached maximum medical improvement, you are eligible for a permanent partial award 26 weeks after you last received your benefit.
Even before your workers’ compensation benefits have stopped, you may be entitled to compensation in other ways. Learn more about other possible options from an experienced workers’ compensation attorney.
If your workers’ compensation benefits have been lost or denied, it’s essential to seek the help of a Columbus workers’ compensation attorney. With their expertise, the workers’ compensation disability lawyers at The Bainbridge Firm can assist you in regaining your benefits and ensuring your rights are protected. Contact us today to schedule a free consultation.
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]]>The experienced workers’ compensation lawyers at The Bainbridge Firm are here to help you understand your rights and what is covered under Ohio’s workers’ compensation system. For more information regarding your case, feel free to contact us and schedule a free consultation.
Workers’ compensation benefits are available for workers who are employees. Coverage does not extend to independent contractors. However, determining whether someone is an employee or an independent contractor involves a complex analysis that focuses on the control of both the terms and conditions of employment. Workers can be considered employees for workers’ compensation purposes, even though they have been designated as an “independent contractor” and filled out a 1099.
A workers’ compensation disability lawyer will be able to help you determine whether or not you are covered under Ohio’s workers’ compensation system.
Workers’ compensation claims typically include coverage for work-related injuries or occupational diseases. Benefits are generally available through the workers’ compensation system for so long as your injury or illness happens on the job and arises out of your employment.
Under the law, a workers’ compensation claim must involve a physical injury or illness. You can only add psychological conditions to a workers’ compensation claim if they are causally related to the work-related physical injury or illness.
While workplace injuries are often caused by a specific traumatic event, the workers’ compensation system also provides coverage for occupational diseases. An occupational disease is defined as a work-related exposure that has a harmful effect on the worker. Occupational diseases usually develop over some time due to work-related exposure to the following:
Ohio has a no-fault worker’s compensation system, which means employees are eligible for work-related injuries and illnesses, regardless of who is responsible or may be to blame. In other words, employees do not have to prove the employer’s negligence caused their injury or illness, and an employee’s lack of common sense or carelessness will not invalidate a claim.
While the no-fault provision is the standard, there are some exceptions. For example, workers’ compensation coverage will not provide benefits if the injury was caused by your intoxication, violation of express company policies, fighting, or horseplay.
Workers’ compensation claims cover reasonable and necessary medical expenses related to a work-related injury or illness, even if you do not miss work due to the injury or illness. Covered medical expenses can include:
The Ohio workers’ compensation system includes several different types of compensation. While there is no compensation provided for pain and suffering, injured workers can qualify for other types of compensation throughout the course of their claim. Some common types of compensation include:
Additional compensation may also be available depending on the injury and specific circumstances. Other types of compensation may include death benefits, living maintenance, wage loss benefits, awards for facial disfigurement, change of occupation, or an employer’s violation of a specific safety requirement. Injured workers may receive compensation as part of a lump-sum settlement.
If you were injured on the job and have questions about your eligibility for workers’ compensation benefits, The Bainbridge Firm is here to help. Our team of experienced Ohio workers’ compensation attorneys has a proven track record of success in securing the compensation that our clients deserve.
We understand that navigating the complex world of workers’ compensation can be overwhelming, which is why we are here to help. Our compassionate and knowledgeable team is dedicated to ensuring that you receive the medical care and financial support that you need to recover from your injury. Contact The Bainbridge Firm today for a free consultation, and let us fight for your rights. Remember, you deserve to be fully compensated for your injury, and we are here to make sure that happens.
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]]>The post Will an Attorney Get Me a Better Workers’ Compensation Settlement? appeared first on The Bainbridge Firm, LLC.
]]>When you are hurt on the job, your focus should be on healing and getting back to work. However, sometimes that feat is easier said than done. Often, injured workers face an uphill battle when it comes to navigating the Ohio Bureau of Workers’ Compensation and all the benefits they may be entitled to under the BWC system. This is why hiring professional help is so important.
Additionally, most injury attorneys work on a contingency basis, meaning you do not need to pay anything upfront. Any fees collected will come from monetary benefit awards under your claim or the settlement proceeds when the claim reaches resolution.
Ultimately, if your goal is to secure the highest settlement possible while obtaining all benefits you may be entitled to under the claim, you should consult with and hire professional legal counsel like that found at The Bainbridge Firm.
First, it is important to know any work injury may result in a settlement. Both minor and catastrophic injury claims may be ripe for settlement. An attorney who is well-versed in the Ohio Workers’ Compensation system and knows how to maximize your claim’s value can yield the highest settlement value.
You may think you have attended your last doctor’s visit and are back to work, so what else is there to collect? If you take no further action, the Ohio workers’ compensation statute of limitations may permanently close if you do not file for benefits or negotiate a settlement while the claim is open. If you are wondering if your claim could be settled, contact The Bainbridge Firm for a free consultation and claim evaluation.
Often clients consult an attorney because the BWC or Employer has offered a settlement. Sometimes, the offer is far below the value of the claim. A workers’ compensation attorney will be capable of reviewing your entire injury file, sifting through medical records, and spotting all the benefits and allowances you need to request to maximize the value of your claim.
A thorough review of your claim is important so that no benefit or monetary value is left on the table. If the value being offered is too low, you must take action immediately to maintain and potentially increase the value of your claim. Hiring a legal professional ensures you are receiving every benefit available to you.
Hiring an attorney to assist you with your workers’ compensation claim is usually worth your time. As noted above, because of the contingency fee, you have minimal risk in hiring an attorney with a high chance of a positive outcome. Would you perform surgery on yourself without consulting a doctor? Of course not. Consulting with and hiring a legal professional to assist with your work injury can be highly beneficial.
While you certainly can attempt to negotiate a settlement on your own, the settlement value is generally less if you are unrepresented. Without experience, it is challenging to know if the value they offer represents the true value of your claim. Remember, the BWC and Employer are going to look out for themselves and would like to keep the payouts on settlements as low as possible. It is essential that you, too, have someone looking out for your best interests.
Hiring an attorney also means you get the benefit of having a professional who understands how the claims work, how to maximize the value of your claim, and has the expertise to execute an action on the claim that will yield you the highest settlement value. Studies show that represented clients receive settlements that are three times as much as unrepresented persons.
If you are unrepresented, the opposing side knows that you are likely unaware of all the benefits you may be entitled to. An attorney representing the injured worker will file for additional conditions, request coverage of medical care, file for monetary benefits, and may need to file in court. These steps can increase the value of your claim and, in turn, create a better chance at a higher settlement for you.
If your goal is to obtain compensation and benefits for your work-related injury and you struggle to decide if hiring an attorney is the right thing to do, contact The Bainbridge Firm, LLC. The workers’ compensation attorneys at The Bainbridge Firm offer free consultations and will be capable of answering your questions. This informational meeting will allow you to decide if hiring an attorney is your best option.
The Bainbridge Firm, LLC serves the entire State of Ohio. If you were injured in the State of Ohio, we are here to help you!
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]]>The post Workplace Discrimination & At-Will Employment in Ohio appeared first on The Bainbridge Firm, LLC.
]]>The “At-Will Employment” Doctrine is the starting point for any wrongful termination claim. If you are wondering whether an employer terminated your employment rightfully or wrongfully, the first question you should ask is, “what reason did they give me for doing so?” It defines the standard for what a rightful termination is. At-will employment in Ohio means almost any termination is legal. But there are some very notable exceptions to that rule.
Such exceptions, although rare, are what’s called wrongful termination. If you have been fired for one of the following exceptions, the wrongful termination lawyers at The Bainbridge Firm will assist you with your claim.
What Does “At-Will Employment” Mean?
If you have ever thumbed through an employee handbook, you have probably seen some variation of the phrase “employment is at-will.” This means that the employer has the right to end an employee’s employment at any time, for any reason. Any reason also means no reason.
In short, an employer can terminate someone’s employment because they think Harry Potter is better than Star Wars. They can terminate someone’s employment for not being sufficiently invested in the Buckeyes’ football season. In fact, they can terminate someone’s employment because they feel that that employee has too many children, and that would distract them from performing their job. While some of these reasons may seem silly or arbitrary, keep in mind that a silly reason is still any reason. And “any reason” is more than an employer is obligated to give an employee as justification for their decision.
“At-will employment” is considered the default position for employment in America. This means that an employment relationship between an employer and employee does not come with any implied conditions attached. The employee is expected to perform work in exchange for payment by the employer. If either party wishes to stop doing so at any time, for any reason, they can walk away with no legal consequences. Notably, this means that neither the employee, nor the employer, can sue for breach of contract if either party walks away.
Exceptions to the “At-Will Employment” Doctrine
The Ohio At-Will Employment Doctrine is very broad. In fact, it is so broad, that it protects employers in numerous situations that many people, including legislators and judges, find unacceptable. This has led to many government-made exceptions to this doctrine. Many of these are created by statute. This is where many of the anti-discrimination statutes come in.
Others are created by courts. Courts have created exceptions to this rule when they find that allowing an employer to terminate an employee would frustrate some public policy or law. Finally, the parties can negotiate the terms of employment in a contract, including whether that employment is at will.
The wrongful termination lawyers at The Bainbridge Firm have years of experience handling at-will employment cases. If you believe you were fired because of any of the following statutory or judicial exceptions, you can count on us for the legal assistance you need.
Anti- Discrimination Statutes
The most important and notable statute protecting employees is Title VII. Title VII is a landmark statute that serves as the centerpiece of the civil rights movement by protecting employees against workplace discrimination. It protects employees from being terminated based on certain protected characteristics. Those characteristics are race, color, religion, sex, and national origin. It is illegal for an employer to terminate an employee for any of these reasons.
Title VII, while the most notable statute, is not the only one. The Americans with Disabilities Act (“ADA”) protects employees with disabilities from termination because of that disability. Likewise, the Age Discrimination in Employment Act (“ADEA”) protects employees over 40 from being terminated due to their age. Veterans and active service members are also protected under the Uniformed Services Employment and Retirements Rights Act (“USERRA”).
Finally, many states have analogous statutes prohibiting termination based on these characteristics. For example, Ohio prohibits workplace discrimination based on “race, color, religion, sex, military status, national origin, disability, age, or ancestry.”
Anti-Retaliation Statutes
In addition to the anti-discrimination statutes listed above, exceptions exist for employees who engage in protected activity. For example, the statutes noted above protect employees who report supervisors or employment practices that discriminate against employees for one of the reasons stated above. These are known as anti-retaliation provisions.
Many statutes governing employment have these provisions baked in. For example, the Family and Medical Leave Act, which provides employees with job-protected leave to treat severe health conditions or care for a family member, prevents an employer from terminating their employment for attempting to exercise their rights under that statute. Similarly, Ohio’s workers’ compensation statutes provide the same protections to employees who file workers’ compensation claims.
Other statutes, like the Occupational Health and Safety Act (“OSHA”) protect employees who report workplace safety violations to their supervisors or the government. The National Labor Relations Act (“NLRA”) protects employees who are terminated in retaliation for attempting to form or operate a union. Finally, the Fair Labor Standards Act (“FLSA”) protects employees who report wage violations. Notably, the FLSA also protects employees from retaliation when discussing wages. This is a common issue that employers discourage, often through the threat of illegal action.
When to Call an Attorney
To summarize, the statutory protections noted above protect employees in two respects: (1) protected status; and (2) protected activity. An employee should always ask if an employer is targeting them because of some characteristic they cannot control or if they are punishing them for doing something that is protected by law.
While this may not always be clear, if you think that there may be an illegal reason that an employer is targeting you, it is always best to check with an attorney. Our team is standing by at our seven convenient locations throughout Ohio to help you with your employment law needs. Schedule your free consultation with a wrongful termination lawyer today.
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]]>The post How Does Workers’ Compensation Work? appeared first on The Bainbridge Firm, LLC.
]]>And one of the most important questions to answer is the simplest one: What is workers’ compensation? So here is a high-level overview and history of Ohio workers’ compensation from the attorneys at the Bainbridge Law Firm.
When employees are injured on the job, they file a workers’ compensation claim with the Ohio Bureau of Workers’ Compensation (BWC).
The BWC will investigate the claim and respond with a decision within 28 days. If the BWC denies the claim, employees have an opportunity to appeal the decision several times, a process that can be helped along by an Ohio workers’ compensation lawyer. If the BWC approves the claim, the employee may be awarded monetary benefits to compensate for their injury.
Common compensation includes medical expenses and lost wages. The BWC may also cover medication and transportation.
If you are injured on the job, it is important to take the following steps:
Once an initial decision has been made, an automatic 14-day appeals period begins. Either the employer or the employee can file an appeal with the Industrial Commission of Ohio (IC). Appeals can be submitted online or on paper, and an Ohio workers’ compensation attorney can help with the process. On appeal, the IC will then hold a hearing to determine if the prior decision was correct. A decision can be appealed up to three times. If you need assistance filing an appeal, our Ohio workers’ compensation attorneys can help.
Workers’ compensation benefits are awarded according to how necessary and reasonable they are, which is a determination that can be argued with the assistance of a workers’ compensation attorney. Employees will generally receive payments to cover medical expenses and to cover some wages.
Injuries are categorized as either partial or total and as either temporary or permanent. The amount of benefits an employee is entitled to depends, in part, on how their injury is categorized.
Employees are entitled to medical benefits for as long as they need them so long as the treatment is “reasonable” and “necessary” and supported by medical evidence within the file. However, proving that the benefits are reasonable and necessary is not always easy. This is where an Ohio workers’ compensation attorney can help.
All employers in Ohio are required to purchase workers’ compensation insurance. This means that each employer pays money into a state fund. As employees make claims with the BWC, the BWC will give deserving claimants benefits from the fund. Just like in an insurance system, employers that have more injuries are required to pay more money into the fund.
Some employers waive the Ohio governmental fund and choose to pay workers’ compensation claims themselves. These employers are called self-insured employers. They are usually large companies that have the manpower and money to operate their own workers’ compensation systems. Although self-employers work a little differently, employees are still entitled to the same benefits and can still appeal a decision through the Industrial Commission of Ohio.
Employees are still entitled to benefits even if an employer fails to fund workers’ compensation. The BWC has money in the reserve to fund all Ohio workers that are entitled to benefits. If you were injured at work, and your employer did not carry workers’ compensation coverage, you may still be entitled to benefits. Talk to one of our workers’ compensation attorneys to find out what your options are.
Workers’ compensation was born out of the Industrial Revolution. With the rise of mechanization in the United States, workers were sustaining injuries in factories at a rapid rate.
At the time, the only remedy these workers had was to sue their employers through the tort system. The tort system is inefficient and requires demonstrating various legal elements in court. To improve the process, states created the modern workers’ compensation system.
The Ohio workers’ compensation system is a no-fault system. That means that employees no longer needed to go through all the legal hoops of the tort system. Now, injured workers only have to prove that 1) they are employees 2) they have sustained an injury or occupational disease 3) are in the course of their employment, and 4) the injury arose from the employment.
Most people easily fall within the categories above. Ohio has set forth a long definition of “employee” in the Ohio code. Despite its complexity, the definition covers most workers. The definitions of “injury” and “what is an occupational illness” are also broad.
Most injuries, including accidental ones, are covered by the code. For an injury to be within the course of employment, there must be a causal connection between work and the injury. If an employee is injured on her commute, she is unlikely to be covered. However, an employee does not necessarily have to be working to be covered. Employees on a bathroom or lunch break at the office oftentimes receive benefits.
If you’re looking for more information on whether you qualify, our Ohio workers’ compensation attorneys give a detailed breakdown of the general rules in Ohio.
Employees should be detailed and patient. The workers’ compensation system requires employees to be very specific when providing evidence of an injury, and any amendments to a claim will elongate the process. Meeting deadlines is also paramount.
Oftentimes, the BWC will simply “go through the motions,” so it is important to advocate for your position. A qualified Ohio workers’ compensation attorney can ensure that the claims process goes as quickly and as positively as possible.
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]]>The post What types of injuries are not covered under Ohio Workers Compensation? appeared first on The Bainbridge Firm, LLC.
]]>The Ohio legislature has defined an injury for workers’ compensation purposes as “any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment.”
Essentially, this definition provides that all work injuries, regardless of fault, are compensable so long as the injuries were received in the course of employment and arose out of the employment. This forms the basis of what a workers’ compensation lawyer in Ohio would argue about a typical case – that an injury falls under those conditions. But how are those conditions defined?
The “course of employment” element examines the time, place, and circumstances of an injury. The scope of the “course of employment” element includes activities that are consistent with the contract of hire and logically related to the employer’s business.
In other words, the course of employment consideration requires that in order for an injury to be covered it must have been incurred while the employee was actually doing something required by their job. If the injury occurs while an individual is on the job but doing something wholly unrelated to their employment, the injury is typically not compensable. This consideration leaves a lot to interpretation, and is something a workers’ compensation attorney will discuss with clients at length to ensure they are being represented properly.
The “arising from employment” element examines whether a causal connection exists between the injury suffered and the individual’s employment.
Analysis of this prong by an Ohio workers’ compensation attorney requires an examination of the totality of the circumstances including:
1) how close the accident was to an individual’s workplace
2) how much control an employer had over the scene of the accident, and
3) the benefit the employer received from the injured employee’s presence at the scene of the accident.
The “arising from employment” consideration often eliminates coverage for injuries that are incurred while doing activities that are incidental to and logically related to employment but are so disconnected from the job that coverage would be improper.
For example, when workers must drive to work in the morning, that is an activity that is incidental to and logically related to their employment. However, if they are injured in the course of that commute typically, with few exceptions, they are not entitled to coverage for injuries suffered while getting to work. Employers have no control over public roads and typically injuries suffered while commuting are not in close proximity to the place of employment.
So the “in the course of” and the “arising out of” considerations greatly limit what is and is not covered by Ohio Workers’ Compensation, with attorney or without.
In addition to defining what is a compensable injury, the Ohio Revised Code provides a definition of injuries that are specifically not covered under the law. Our Ohio workers’ compensation lawyers understand these provisions very well and will help clients navigate them in their claim.
First, psychiatric conditions are not covered unless those conditions are found to be the result of a physical injury suffered on the job or is the result of sexual conduct in which the claimant was forced by threat of physical harm to engage or participate.
Second, an injury or disability caused primarily by the natural deterioration of tissue, an organ, or part of the body is not covered under the law.
Third, an injury incurred in the course of voluntary participation in an employer-sponsored recreation or fitness activity is typically not covered. However, this is only true if the employee signs a waiver of the employee’s right to compensation or benefits prior to engaging in the recreation or fitness activity.
Fourth, a condition that pre-existed a workplace accident is not compensable unless that pre-existing condition is substantially aggravated by the workplace accident.
Lastly, self-inflicted injuries, such as someone intentionally cutting themselves, are typically not covered.
Injuries that are the result of workplace fights, assaults, or horseplay are compensable when (1) the origin of the assault is work-related and (2) the injured worker was not the instigator. So if an injury comes from a fight at work, that injury will only be covered if the fight started over an issue that is work-related and the injured worker did not actually start the fight.
Again, some of these definitions can be argued in terms of whether they were closely related to the job or not. An employer’s lawyer will undoubtedly argue that an individual’s actions are not covered, and an Ohio workers’ compensation attorney would argue that they are. So even though these conditions seem straightforward, there is often an argument to be made both ways in most cases.
This is not an exhaustive list of injuries that are not covered by the workers’ compensation system, nor is it an exhaustive list of conditions and technicalities that workers’ compensation attorneys work with.
If you have suffered an injury at work and are not sure if you can seek compensation, do not hesitate to contact the expert Ohio workers’ compensation attorneys at the Bainbridge Firm for assistance. We want to do everything we can to help you obtain all the compensation and benefits you deserve.
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]]>The post How Do I Know if I Qualify for Ohio Workers’ Compensation Benefits? appeared first on The Bainbridge Firm, LLC.
]]>While that concern is certainly understandable, it is often unfounded. Ohio’s workers’ compensation system is designed to cover most people who need it. There are three primary requirements to qualify for benefits within the state.
To qualify, a claimant must:
Ohio workers compensation attorneys know that some of these legal definitions can get a bit complicated, so let’s break down each part of that in more detail.
Ohio has set forth a lengthy definition of “employee” that is filled with its own sub-definitions. Our Ohio workers’ compensation lawyers know the ins and outs of that definition and how it applies, but here’s the short version. Despite its daunting length, the definition is friendly to the average worker. Most people that are normally thought of as “employees” are covered by the law and can receive benefits.
The one major exception is independent contractors. Independent contractors are not considered employees under the law and will not be entitled to workers compensation benefits unless they purchase workers compensation insurance for themselves.
Sometimes employers mistakenly consider a worker to be an independent contractor and neglect to provide workers compensation coverage. This is something we look at very closely as workers’ compensation lawyers. If an employer controls the working hours, selection of materials, traveling routes and quality of performance of a worker, an employer-employee relationship exists, and the employer is required to provide workers compensation coverage for that employee.
Many workers’ compensation claims arise from arguments about whether an injured worker is legally considered an “employee,” and our Columbus workers’ compensation lawyers know how to handle those arguments.
If you have been injured at work and your employer claims you are not covered under the employer’s workers’ compensation policy because you are an “independent contractor,” contact an Ohio workers’ compensation attorney to review your case. A legal argument may prove you were acting as an employee and should be entitled to coverage.
Much like with the term “employee,” Ohio has long definitions of both “injury” and “occupational disease” that our Ohio workers’ compensation attorneys can help you decode. For the most part, the two cover everything that one would normally think of. Almost all injuries and diseases are covered, including those that are sustained by accident.
An injury may be as minimal as a finger prick with a needle, or a torn thumbnail, and it may be as large as a severed extremity. An injury may also include a heart attack, cancer, or contagious disease if those are connected to your employment. Let’s discuss that designation next.
Generally, an employee must have been at work when the injury occurred to receive workers’ compensation benefits. However, an employee does not necessarily have to be actively working. Ohio has a “personal comfort doctrine” that covers employees who are involved in reasonable personal activities like taking a lunch or bathroom break when they sustain an injury.
The personal comfort doctrine does not apply to commutes or to activities outside the scope of acceptable employee behavior.
Likewise, the injury must arise from the employee’s employment. For example, if the employee was engaged in work activity at the direction of the employer at the time of the accident – regardless of the nature of the accident – the employee should meet the “arising from employment” prong and be entitled to an allowed claim.
An Ohio workers’ compensation attorney can help define this difference, and fight on your behalf when an employer tries to deny benefits on these grounds.
As of 2017, the Ohio Statute of limitations for workers’ compensation was lowered to one year for acute injuries and two years for work-related diseases, or six months from the date of a diagnosis of a work-related disease.
This means that employees should talk to an Ohio workers compensation attorney and file a claim as soon as they are injured or made aware of a disease that was caused by their employment. Otherwise, you risk losing the benefits you deserve.
The process of acquiring benefits begins when a first report of injury is filed with the BWC or your self-insured employer. It is best to consult with a skilled workers’ compensation attorney before filing a claim to maximize both the chances of success and the potential payout.
Once the process begins, the initial statute of limitations no longer matters. New deadlines will be created, and a final ruling does not have to be made before the statute of limitations for an employee to receive benefits.
If you are an Ohio resident who was injured while working for a company from another state, you are still covered. Out-of-state employers with workers who are Ohio residents have liability for claims that arise in Ohio.
For payroll reporting purposes, employers must report wages and pay premiums to the Ohio Bureau of Workers’ Compensation for any work performed in Ohio. It is common for an out-of-state employer to hire a salesperson covering a geographical region, or a skilled worker to work remotely from their home in Ohio.
This type of employee is an Ohio employee under the workers’ compensation laws of Ohio with the wages for the employee reportable to BWC, and as such, an Ohio workers’ compensation lawyer can help with your claim.
This also applies to the inverse situation – if you are an Ohio worker who was injured outside the state of Ohio, you are also covered. Ohio has extraterritorial coverage. This means that Ohio workers that are temporarily outside the state will still be covered by Ohio workers’ compensation so long as the work remains incidental to the Ohio employment. Again, our workers’ compensation attorneys can help clarify this, as every case is different.
The Ohio Bureau of Workers’ Compensation works like an insurance system with businesses across the state pooling money into a fund. When a worker is injured or suffers from an occupational disease, money is taken out of the fund and given to the employee.
Because the money is pooled into a state fund, employees will still be able to receive benefits even if their employer failed to make premium payments. If an employer fails to make payments, they may be in their own bit of legal trouble, but this trouble will not affect your ability to file a claim for workers’ compensation benefits. The BWC will take measures to acquire the money from your employer regardless.
So even if you are unsure if your employer has workers’ compensation insurance, you should still speak with a qualified Ohio workers’ compensation attorney and file a claim.
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]]>The post Can Employees be Fired for Filing Workers’ Compensation? appeared first on The Bainbridge Firm, LLC.
]]>The short answer is no. The Ohio code states that “No employer shall discharge, demote, reassign, or take any punitive action against any employee because the employee filed a claim” (Ohio Revised Code § 4123.90).
So, it would be wrongful termination if an employer fires an employee because the employee filed for workers’ compensation benefits. However, that does not mean that firings and other punishments never happen. It is important to know what an employee can do if she is fired for filing workers’ compensation or seeking benefits under an existing claim, and that’s why it’s important to have an Ohio workers’ compensation attorney in your corner.
You may know about at-will employment. Most employees in Ohio are at-will employees. This means that they can quit at any time and that employers can fire them at any time and for any reason.
As any Ohio workers’ compensation lawyer will tell you, the above excerpt from the Ohio code provides an exception to this rule and protects employees. However, it is not bulletproof. There are many reasons why an employer could justifiably fire an employee. If an employee is fired justifiably, they will not be protected by the Ohio code.
Examples of justified excuses to fire an employee include absenteeism, poor performance reviews, tardiness, or violation of company policies. This means that if an employee has been subpar, she can still be fired after filing a workers’ compensation claim – although the filing may not be the reason the employer lists for the termination.
Even if someone has been a model employee, an angry employer may still be motivated to punish them. Workers’ compensation is basically an insurance system where employers pool money into a state fund. That state fund is used to pay employees when they are injured. Companies that incur more injuries must pay more money into the state pool. It’s the same basic concept as your car insurance premiums going up if you’ve been in multiple car accidents.
So, if an employer is upset at an employee for raising their payments, they may retaliate against the employee. That retaliation is not limited to firing. It could also be reassignment, pay cuts, or other similar punishments. These are the situations where an Ohio workers’ compensation attorney is most valuable. The good news is that even if an employee is fired, she may still be entitled to her workers’ compensation benefits.
If you have been punished following a work injury, filing of a claim, or requests for treatment or benefits under an existing claim, contact one of our expert Ohio workers’ compensation lawyers and find out what recourse you may have available to you.
Generally, the goal of a lawsuit is to put the injured party back into the position they would have been in if the injury had not occurred. This means that parties bringing lawsuits rarely get anything “extra” out of the suit.
When working with an Ohio workers compensation lawyer, the most common remedies for wrongful termination are reinstatement with back pay for being fired, or lost wages in the case of demotion. However, because the justice system usually prevents parties from getting anything extra, any earnings collected after discharge or demotion will be subtracted from the award.
To preserve a retaliatory termination or treatment claim under the workers’ compensation statute, an employee must give the employer written notice of the alleged violation within 90 days. The employee has an additional 90 days to file an official complaint. If these deadlines are not met, a court may dismiss the case.
In a retaliatory discharge claim, there are three steps.
This process is best illustrated with an example. Let’s say that a chef and her assistant show up late to work every day, but the restaurant owner never does anything about it. Then one day the chef slips and falls at work. She files a workers’ compensation claim. This upsets the restaurant owner, and he fires her. What happens?
First, the chef will file a retaliatory discharge claim (likely with the help of an Ohio workers’ compensation lawyer). The restaurant owner can point to the employee’s tardiness as a legitimate reason to fire her, but the chef has three ways to disprove the employer.
She can explain that the employer’s reason:
In this case, the tardiness did not actually motivate the discharge because the employer has never cared about the tardiness before. Additionally, the tardiness was insufficient to motivate the discharge since the restaurant owner did not fire the chef’s assistant who was also frequently tardy.
In spite of the above rules, there are limits to what types of cases an employee can successfully bring. A qualified Ohio workers’ compensation attorney will help a client navigate the complexities of workers’ compensation law and empower the client to collect a settlement for both the injury sustained at work and for the retaliation.
If you or someone you know was fired for filing a worker’s compensation, you should contact one of our knowledgeable and compassionate Ohio workers’ compensation attorneys at The Bainbridge Firm.
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]]>Oftentimes, people are trapped in a long process of argument and appeal. One important issue they and their Ohio workers’ compensation lawyers argue is how their injury should be classified. Injured workers need to establish the extent of their injury so that the Bureau of Workers Compensation and employers know how much money to award in compensation and how long those benefits should be paid.
Naturally, someone with a more severe injury will receive more money and longer-term benefits. As skilled Ohio workers’ compensation attorneys, we know how certain types of injuries are classified and can help you understand the difference, as well as what you should expect from the workers’ compensation system.
There are two major ways for the Bureau of Workers’ Compensation in Ohio to classify injuries: permanent vs. temporary, and total vs. partial. Permanent total disability is the most serious of all injury types. However, there are three other ways an injury can be classified.
Temporary disabilities are just what they sound like. They are when an employee will eventually recover or reach a status of maximum medical improvement. In contrast, a permanent disability means that the worker can either never return to the work they were trained to do, or they may not be able to return to the workforce at all.
If an employee cannot do their job as well as before because of an injury or condition, then they may have a partial disability. Employees with a partial disability can still work, but they may have to change positions, while workers with a total disability are unable to work at all. With the combination of these designations, there are four total types of injuries, all of which our Ohio workers’ compensation lawyers can help with:
An injury that leaves a worker completely unable to work forever. An example of this would be an automotive mechanic going blind from an occupational disease.
An injury that leaves a worker less capable of work forever. An example of this would be a waiter who suffers from a shoulder tear that permanently weakens him, but he is still able to perform administrative work.
An injury that leaves a worker completely unable to work for a limited time. An example of this would be a surgeon breaking her hand and being unable to perform surgery for a limited time but may return to the same work after healing.
An injury that leaves a worker less capable of work for a limited time. An example of this would be a salesman with temporary lockjaw due to an occupational disease that leaves him unable to make phone calls but is still able to type reports until he recovers. This employee may be entitled to “working wage loss,” if he is able to perform light-duty work, but for less pay than he received for his normal pre-injury job.
Our workers’ compensation lawyers understand that different injuries and illnesses can affect people in different ways. To some extent, serious injuries are decided on a case-by-case basis.
No matter what, though, a permanent total injury prevents the worker from daily work functions using the skills she has developed or could be expected to develop in her job. Also, some serious injuries automatically count as permanent and total. These include the loss of use of:
For someone seeking permanent total disability, it is vital to make every attempt to return to work. This is best done through a vocational program, many of which are available through the Bureau of Workers’ Compensation and the Bureau of Vocational Rehabilitation.
If a worker does not make a proper effort to work, she will be denied permanent total disability compensation. It is also a good idea for an injured worker to reach out to the Social Security Administration for assistance, and talk to one of our Ohio Social Security Disability attorneys for more help.
Oftentimes, those with permanent total disabilities are at the most financial risk because they are unable to work for the rest of their lives. The BWC gives the most money to these deserving people. It awarded over $369,000,000 in benefits for permanent total disability claims in 2019.
In Ohio, workers can receive up to 66.6% of their pre-injury weekly wage. Workers’ compensation also implements the Disabled Workers’ Relief Fund (DWRF) to help those with permanent total disabilities. The DWRF is a special fund that supplements the benefits received by permanently and totally disabled injured workers whose benefits fall below the cost of living.
Generally, awards for permanent total disability last for life. However, the worker will be barred from working in any capacity while receiving compensation. The one exception to this rule is for workers suffering from one of the automatic conditions above. If an employee has lost both hands, feet, eyes, etc. then they are permitted to work and receive benefits at the same time.
If you have questions about your disability claim, our Ohio Social Security Disability attorneys can help you better understand your situation.
Ohio rarely accepts permanent total disability applications. Anyone seeking benefits should have proper legal representation by a competent Ohio workers’ compensation attorney that knows how the state system works.
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]]>Most people do not plan to be injured on the job. Unfortunately, a substantial number of Ohioans are forced to hire a workers’ compensation attorney in Ohio to fight through the workers’ compensation system and the Bureau of Workers’ Compensation (BWC) to receive the compensation that they deserve. Many of these claims are denied for preventable reasons.
The following is a list of common mistakes employees make when working through the workers’ compensation program. This list does not cover every shortcoming, so it is important to speak with a qualified Ohio workers’ compensation attorney to ensure the best results. Each case is unique, and only an experienced workers’ compensation attorney will understand the nuances of the law.
The longer an employee waits to report an injury, the greater the risk of missing out on compensation. Employers will usually provide potential claimants with paperwork to report the injury. It is important to fill out the paperwork and set up a clear timeline and notice of injury.
Workers must also prove that their injury was related to their job. This becomes more difficult if there is a long delay between the injury and reporting the injury. Delays will also prolong the process of getting compensation. The process can already be frustrating and slow even without delays by the claimant. So, it is best to report injuries promptly.
Additionally, Ohio has a statute of limitations for workers’ compensation claims that bars employees from making claims beyond a certain date. In most cases, the time frame is one year. It is essential to begin the compensation process before then.
If you need assistance filing your claim, or if you believe your claim has been denied unfairly, contact the experienced workers’ compensation lawyers at The Bainbridge Firm. As we will discuss later, waiting until it is too late to hire a workers’ compensation lawyer in Ohio can be potentially devastating to your claim.
One of the workers’ compensation system’s main functions is to pay for medical care. As any experienced workers’ compensation lawyer will tell you, if a potential claimant does not visit a doctor, there will be no substantive proof of a medical injury.
It is not enough that an injured worker testifies to an injury that occurred. The injured worker must have a diagnosable injury or illness. If the BWC does not have evidence of an injury, it will almost certainly deny the claim, whether you have a workers’ compensation attorney on your side or not.
Failure to keep up with treatment or doctor visits is also a mistake because the BWC bases compensation on the information provided by doctors. So, even if a claim is accepted, the BWC will not be able to determine the proper amount of compensation to give out if you fail to provide supporting medical documentation to support your claim.
Failure to keep up with appointments is also an issue because of an oft-debated legal subject: causation. If a claimant does not go through proper treatment protocols, the BWC may argue that lasting symptoms are the fault of the claimant, un-related to the injury, or degenerative in nature.
Finding the correct physician who is BWC certified is not always easy. If you need help finding physicians who are able and willing to treat you for a BWC claim, contact the Ohio workers’ compensation attorneys at The Bainbridge Firm for a free consultation.
It is important to be truthful and cooperative when filing your claim. Having a workers’ compensation lawyer in your corner doesn’t mean you want to pick a fight if you don’t have to.
This does not mean that claimants should stand by and let the BWC or their self-insured employer “work it out.” Remember, the workers’ compensation system is essentially an insurance system. This means that the BWC and self-insured employers are reluctant to hand out money to claimants even when claimants have legitimate cases that deserve compensation.
Unfortunately, claimants will not always be able to count on the BWC or their employer to believe the claim is legitimate. Nor should they expect others to do the “right thing” when potentially huge sums of money are at stake. That’s why workers’ compensation attorneys like The Bainbridge firm exist in the first place, to make sure your rights are protected as an Ohio worker, from disability coverage to lost wages.
With this reality in mind, claimants should make sure they tell the truth and the whole truth. Workers’ compensation fraud is a crime. Providing inaccurate information or concealing records will not only risk the life of a claim; it may also result in jail time. Potential claimants should also comply with BWC requests for information. This means attending medical examinations and responding to requests for information in a timely manner.
Hiring an experienced workers’ compensation attorney is the best way to ensure that a workers’ compensation claim is handled appropriately. Only then will a claim have the greatest chance of success.
Waiting until you lose your claim, or not hiring the right workers’ compensation attorney until it is too late, is a very risky decision. A lot of money is at stake in workers’ compensation claims. Usually, this money has a big impact on how claimants can live their lives for years to come.
Claimants that have sustained serious injuries with expensive and long-lasting treatment are usually better off seeking the help of an Ohio workers’ compensation attorney at the forefront. Many times, an experienced workers’ compensation attorney will be able to better prepare your presentation, ensure the medical support in your file is sufficient, and make legal arguments in your favor.
The most important reason to hire a workers’ compensation attorney is that employers have attorneys. Claimants that try to get compensation by themselves will be fighting against experienced attorneys for every dollar. These attorneys have every motivation to keep employees from being paid what they deserve.
Finally, waiting until you have lost to hire a workers’ compensation attorney can be harmful to your claim. Often, what has been lost cannot be recovered. That is not always the case, however. Even if you have lost, it is important that you seek legal counsel to ensure you have the best chance of retaining benefits and compensation under your Ohio workers’ compensation claim.
Find out more about workers’ compensation claims, or schedule a free consultation to make sure you, your family, and your rights are properly taken care of.
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