The Bainbridge Firm, LLC
Schedule a Free Initial Consultation

Toll Free:866-253-7107

Columbus : 614-545-9990

Portsmouth : 740-353-7548

Ironton :740-532-9772

Marion : 740-387-6727

Cambridge : 740-435-3342

Waverly : 740-835-8890

Springfield : 937-717-9407

Posts tagged "workers' compensation claim"

BWC New Rule on Behavioral Assessment Payment

Until recently, medical treatment in workers compensation claims have been limited to treatment of conditions that are "allowed" in the claim.1  Allowed conditions are medical conditions that are proven to have resulted from a compensable work-related injury or occupational disease.2  The BWC has now taken steps to address cognitive, emotional, behavioral, social and psychological issues in a claim that are not directly related to the allowed conditions.3 Instead, these issues are believed to have arisen after the allowed condition, and these issues are believed to prolong pain and disability of the allowed condition. This does not include mental illness and psychological disorders, but instead, normal emotional responses that many people experience following a serious injury.4  The idea of this new rule is to allow injured workers to get the guidance they need, before these issues turn into something more serious such as depression or opioid addiction, hindering the ability for the injured worker to heal.

Your Choice to Choose a Physician

According to the book, Ohio Workers' Compensation Law, written by Phillip Fulton, under R.C. § 4123.651 injured workers are entitled to freely choose a physician to treat a covered injury. This includes both the initial choice of physician and any decision by the injured worker to change physicians. The Bureau of Workers Compensation may require the injured worker to give notice of change in treating physician and the reason for change. Once a claimant goes to a private physician for treatment other than on an emergency basis, the claimant is generally regarded as having chosen that physician. Before 1959 employees didn't have a choice of physician. Choosing a treating physician and notifying the Bureau of your choice is important because authorized payment for treatment is only allowed by one physician. According to O.A.C. § 4123-7-05, the Bureau will not approve payment of medical fees for treatment rendered by more than one physician for the same condition over the same period of time. There is however one exception. If the BWC or self-insurer has authorized treatment where a consultant, anesthetist or assistant is required, or it is necessary for treatment to be seen by a specialist, then the BWC can authorize payment for medical fees. Not all licensed practitioners are qualified as treating physicians. Revised code § 1737.01 (A) defines "licensed physicians and surgeons" as persons certified under R.C. § 4731.14, which certification is limited to medical doctors and doctors of osteopathy. A medical doctor or osteopath may therefore be the treating physician. A chiropractor may also be the treating physician, because R.C. § 4734.09 specifically provides that the chiropractor is a physician for the purpose of chapter 4123.

Seeking Medical Care After a Work-Related Injury

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. 

The Process of Settling a Workers Comp Claim

The settlement of a workers' compensation claim can be a way for an injured worker to receive a final monetary payment under the claim. Once a claim is settled, no further costs (medical or monetary benefits) are payable under the claim. 

The importance of filing a claim when you realize you're injured

A lot of people, after suffering a work-related injury or realizing that they have an occupational disease, will immediately file a claim for workers' compensation benefits. For a lot of these people, there is no fear of losing their job or facing retaliation from their employer because they know that this isn't allowed by Ohio law.

How long is my workers' compensation claim open?

The answer to this question is "it depends". It is an important question, however, because compensation as well as medical benefits cannot be paid if the claim has expired.

My work injury was my fault. Can I still apply for workers' compensation benefits?

You may file a workers' compensation claim, even if the injury was your fault. The Ohio Workers' Compensation system is a "no-fault" system, which means that benefits are not determined by looking at who was at fault for the injury. Workers' compensation in Ohio eliminates negligence and fault as bases of loss allocation, and then distributes the cost of injuries among those parties who are best equipped to absorb them. This means that questions of fault, blame, wrongdoing, wrongful acts or omissions, or neglect are theoretically irrelevant under Ohio's workers' compensation system. What must be shown is that the workers' employment had the requisite causal connection with the injury.

Ohio plant fined for violations that put workers at risk


Another Ohio workplace has been hit with fines by OSHA. The Reliable Castings Corp. manufacturing facility in Sidney, Ohio was found to have 14 safety and health violations that threatened to injure workers. Amongst the company's violations include failing to install guardrails near floor openings and ovens, failing to require employees to use hard hats and face shields, failing to prevent employee exposure to potential splashing molten aluminum, and failing to ensure an electrical area was protected from water. These violations led to more than $293,000 in fines, but more importantly, placed workers at extreme risk of harm.

Ohio's 'Move Over Law' expanded to protect construction workers


Ohio's construction workers are often exposed to dangerous working conditions, including fast-moving cars. These risks sometimes result in construction workers suffering serious, and at times life-ending, injuries. In fact, since 2008, more than 600 accidents happened involving a traveling motorist and Ohio Department Transportation equipment and vehicles. Many times, workers are in the vicinity of these accidents. With this in mind, the Ohio General Assembly passed a bill designed to further protect construction workers.

Workplace accident at Ohio steel plant injures five


Ohio has several factories that provide much needed jobs to the areand much needed materials to the country as a whole. These factories would not function if it were not for their workers. As employees act as the heartbeat of these companies, employers should want to keep them as safe as possible.

email us for a response

Free Initial consultationCall us today for a free initial consultation. We promise to provide a response within a few hours.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

office locations - we have Multiple Locations to serve you.

The Bainbridge Firm, LLC

Columbus Office
900 Michigan Avenue
Columbus, OH 43215

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 614-545-9990
Fax: 614-224-9300
Map & Directions

Portsmouth Office
611 Court Street
Portsmouth, OH 45662

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 740-353-7548
Fax: 740-353-1984
Map & Directions

Ironton Office
119 North Fifth Street
Ironton, OH 45638

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 740-532-9772
Fax: 740-532-3127
Map & Directions

Marion Office
198 East Center Street
Marion, OH 43302

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 740-387-6727
Fax: 740-382-5816
Map & Directions

Cambridge Office
120 Southgate Parkway
Cambridge, Ohio 43725

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 740-435-3342
Fax: 740-435-3329
Map & Directions

Waverly Office
112 North Market Street
Suite B
Waverly, OH 45690

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 740-835-8890
Fax: 740-835-8891
Waverly Law Office Map

Springfield Office
1021 N. Limestone Street
Springfield, OH 45503

Toll Free: 866-253-7107
Toll Free: 800-762-1612
Phone: 937-717-9407
Fax: 937-717-9408
Map & Directions