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Workers' Compensation

Tuesday, June 20, 2017

Vocational Rehabilitation Through the BWC


Vocational Rehabilitation is a benefit provided by the BWC that all injured workers should be aware of. It is a service paid for by the BWC that gives Injured
Workers the support they need to return to their former jobs, or in the alternative, find new jobs with new employers.

When an injured worker is referred to vocational rehabilitation, he or she will be assessed to determine a rehabilitation plan. An injured worker’s previous job training, skills, education, and training will be considered. The purpose of this exercise is to determine if the injured workers is “feasible,” meaning it will be determined if there is a feasible plan to return the injured worker to the work force.
Read more . . .


Thursday, May 18, 2017

Staying Eligible for Temporary Total Disability


An injured worker is eligible for Temporary Total Disability when he or she is hurt at work, cannot return to the job he or she was working when injured, and a different “light duty” job is unavailable. If the injured worker stays with that employer, there is usually little concern. But injured workers are often concerned if they can change jobs. If an injured worker changes jobs, will he or she receive temporary total compensation if the injury is re-aggravated?

According to the Ohio Supreme Court, the employer is free to switch jobs. Back in 2000, in a case called Baker v.
Read more . . .


Tuesday, April 11, 2017

New Law to Benefit Firefighters with Cancer Takes Effect


Legislation signed by Governor John Kasich to benefit firefighters who contracted cancer because of their service took effect on April 6, 2017. Although, firefighters could previously file a Workers’ Compensation claim for such an injury, they would often face difficulty getting their claims allowed because it was difficult to prove their service caused this injury. The new law creates a rebuttable presumption that the cancer was caused by his or her work as a firefighter. In other words, the BWC will have to prove that another factor caused the firefighter to contract cancer. The BWC issued a notice regarding this new law prior to taking effect:

Firefighters will still have to prove their employment caused cancer under two circumstances.


Read more . . .


Tuesday, March 21, 2017

Special Circumstances Considered When Calculating Workers' Comp Disability Payments


In many cases, Workers’ Compensation claimants are entitled to disability payments. There are several forms of disability payments within the system, and each has its own formula in which the amount is calculated based on the claimant’s earnings prior to the injury. The most common is the Average Weekly Wage. This is calculated by taking all of a claimant’s wages earned from all jobs in the past year and dividing by 52. For example, a Claimant who earned $52,000 in the prior year would have an Average Weekly Wage of $1,000: $52,000/52 = $1,000.
Read more . . .


Tuesday, February 21, 2017

I filed a Workers’ Compensation Claim, But Can I Sue My Employer?


Often, an injured worker will wonder if they are able to sue their employer for their workplace injury because they feel it is responsible. This blog post is limited this issue. Workers’ Compensation laws do not affect an employee’s ability to sue for discrimination, harassment, non-payment of wages, etc.

Unfortunately, there are very limited circumstances in which an injured can sue an employer for his or her injury, leaving Workers’ Compensation as the only way to receive benefits. While this may not seem fair, keeping workplace injuries out of the Courts benefits the injured workers as well.
Read more . . .


Thursday, January 19, 2017

New Law: Firefighters Who Contract Cancer on the Job Will Have Easier Time Collecting Workers’ Compensation


On January 4, 2017, Ohio Governor John Kasich signed Senate Bill 27, known as the Michael Louis Palumbo, Jr. Act into law. The bill creates a presumption that Firefighters contract cancer on the job when exposed to certain cancer-causing agents. This presumption applies to firefighters who apply for benefits from the Ohio Police and Fire Pension Fund and the Workers’ Compensation Fund. This post will concern how the new law will affect Workers’ Compensation benefits.
Read more . . .


Tuesday, December 20, 2016

What Injured Workers Need to Know About the Calculation of Their Workers’ Compensation Payments


The Ohio Bureau of Workers’ Compensation (BWC) compensates Ohio workers who are hurt on the job in two ways. First, it pays for approved medical treatment related to a workplace injury. Second, it provides different forms of indemnity payments, which are generally meant to provide financial support to injured workers who are unable to work because of their injury.

Unfortunately, these payments are not equal to the wages a Workers’ Compensation Claimant was making at the time of the injury. Most compensation payments are a percentage of the wages earned by the Claimant in the year prior to the injury, known as the Average Weekly Wage (AWW).
Read more . . .


Tuesday, November 15, 2016

Prescription Coverage Under Workers Compensation


When someone suffers a workplace injury, the Bureau of Workers’ Compensation (BWC) is required to reimburse the worker for all medical treatments related to his or her workplace injury. This includes medications necessary to treat all allowed conditions. But like everything else in Workers Compensation, prescription coverage is a process.

Prescriptions are managed by a third party called OptumRX. Prescriptions can be filled at your local pharmacy as long as it is BWC certified.
Read more . . .


Thursday, October 20, 2016

Workers' Compensation Claims Against Self-Insured Employers


In every Workers’ Compensation claim, it is important for the injured worker to know the difference between the two types of employers in the Ohio Workers’ Compensation system: State-Fund Employers and Self-Insured Employers. In particular, the injured workers should be aware of the differences if the employer is self-insured.

Remember, the Workers’ Compensation system is an insurance by which employees are compensated for medical benefits and lost time due to a workplace injury. State fund employers pay premiums to the Ohio Bureau of Workers’ Compensation (BWC), which in turn pays benefits and handles the initial processing of the employer’s Workers’ Compensation claims. In contrast, the self-insured employer itself is responsible for paying Workers’ Compensation benefits, and it handles the initial processing of the claim.
Read more . . .


Friday, September 23, 2016

Proposed Legislation Would Allow Workers’ Compensation Benefits for First Responders


As part of their job, first responders are often subject to traumatic experiences. Sometimes the effects can be long-lasting, and several first responders suffer from Post-Traumatic Stress Syndrome (PTSD) because of their experiences. One would think that because they experience PTSD as a result of their job duties, they would be entitled to Workers’ Compensation benefits for treatment of the condition and the lost time that results. Unfortunately, Ohio Law does not provide such compensation in most cases.

PTSD is a psychiatric condition.
Read more . . .


Friday, August 12, 2016

Workplace Restrictions and Temporary Total Disability


If you have been injured at work you may be unable to perform certain job tasks. But there are several things you must know to make sure your rights as an injured worker are protected.

The first step is to go to the doctor. If you are having difficulty performing your work tasks, the doctor must do an examination to determine what work restrictions are necessary. Such restrictions as the ability to lift, push, pull, stand, walk, squat, and other physical tasks are evaluated.
Read more . . .


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