If you've ever performed a job that required you to repeat the same motion over and over again, then you may not have realized that you could have seriously damaged your muscles and connective tissue in the process. Called repetitive motion injuries, the damage associated with such injuries can take a long time before symptoms present themselves. But in some cases, when symptoms -- such as pain or numbness -- do present themselves, it may be too late to fully correct the damage.
In addition to reporting the injury, seeking medical care after the injury is perhaps one of the most important things to do at the beginning of workers' compensation claims. Obtaining medical care creates documentation of the diagnosis and the injury that was sustained. In many situations, the medical care provided just after the injury can help direct the injured worker to more specialized care or therapy if such treatment is deemed necessary. It is also the first opportunity for a medical expert to offer an opinion on whether there is a cause and effect connection between the injury and the diagnosis.
Temporary total disability (TTD) benefits are intended to replace lost wages while an individual is recovering from a work-related injury and is unable to return to his or her former position of employment. TTD benefits are typically paid on a bi-weekly basis and are based on the wages the individual earned over the last year of employment.
A Court of Appeals has held that injuries sustained by the claimant while traveling to or from a Bureau medical examination are compensable "as being directly and proximately caused by circumstances that arose out of employment as the original injuries and obligations necessitated by those injuries in order to participate in the Workers' compensation fund, directly resulted in the new injuries."
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.
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.
Chapter 4123 of the Ohio Revised Code prescribes the amount and duration of compensation payable to a claimant. 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 a claimant is entitled is a substantive right the amount of which is determined with reference to the statute in effect on the date of injury.
The Ohio Bureau of Workers' Compensation has adopted a new rule meant to help injured workers get quicker access to medications needed to treat their injury.
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."
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.