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Workers' Compensation

Tuesday, February 6, 2018

You Have the Right to Choose Your Own Doctor in a Workers Compensation Case


One right that every Workers’ Compensation claimant should be aware of is the right to choose his or her own doctor (or other treating provider). In several states, an injured worker is required to see the doctor their employer sends them to or must select their doctor from an approved list. This is not the case in Ohio, as the injured worker is free to choose the doctor of his or her choosing.

However, there is a requirement that the doctor be BWC certified. This is necessary in order to receive treatment, or fill out necessary forms that the BWC requires, particularly the MEDCO-14 which is necessary to take someone off of work for their injury.
Read more . . .


Tuesday, January 9, 2018

Your Self-Insured Workers’ Compensation Claim Should be Filed with the BWC


Recently, we encountered a health provider that, as a policy, is not filing Workers’ Compensation claims with the Bureau of Workers’ Compensation (BWC) when the Employer is self-insured. Although lawful, this can cause problems for the Injured Workers’ claim.

For background, we should examine the difference between a self-insured and state-fund employer. The state-fund employer pays what is essentially an insurance premium to the BWC, who covers medical expenses and disability payments in the event one of their employees suffers a workplace injury. The self-insured employer chooses not to cover Workers’ Compensation claims through the BWC and cover them on their own.
Read more . . .


Tuesday, December 19, 2017

Statute of Limitations for Workers’ Compensation Claims Changes to One Year – Always See a Doctor About Your Injury ASAP


Recently, a bill was passed that changed the Statute of Limitations in Ohio Workers’ Compensation claims from two years to one year. The effective date of this change is September 29, 2017. This means if you were injured on September 28, 2017 or sooner, you have two years to file for Workers’ Compensation benefits. If you were injured on September 29, 2017 or later, you only have one year to file for Workers’ Compensation benefits.

This means it becomes even more important to see your doctor regarding your injury.
Read more . . .


Tuesday, November 28, 2017

Collecting Workers' Compensation When You're Paid Under the Table


A frequent question we get regarding Workers’ Compensation claims is whether an Injured Worker can receive benefits if they are “paid under the table.” Being paid under the table generally means that a worker is being paid cash for his or her work, not receiving a paycheck that takes out tax deductions. Employees should know that this does not prevent them from filing for Workers’ Compensation.

To paraphrase the applicable statute, employees who are hurt at work, because of their work, are eligible to receive Workers’ Compensation benefits. In determining whether someone is an employee, it makes no difference how he or she is getting paid.
Read more . . .


Wednesday, September 20, 2017

Do NOT Withdraw Your Claim Before Talking to An Attorney


Typically, our claims involve individuals who are hurt at work, yet their employer’s fight their claims. While this their right, some employers are more aggressive than others. One case was particularly noteworthy and shows how employers are more concerned with paying as few claims as possible rather than compensating their employees with justifiable Workers’ Compensation injuries.

In this case, the claimant dislocated her wrist while lifting a heavy box at work. She filed a Workers’ Compensation claim.
Read more . . .


Tuesday, August 29, 2017

Is My Claim Eligible for Permanent Total Disability?


There is a lot to consider with this question. Let’s start with the basic question of whether someone is eligible for Permanent Total Disability in the first place. The definition of Permanent Total Disability is found in the administrative code and “means the inability perform sustained remunerative employment due to the allowed conditions on the claim.”

The inability to work due to “allowed conditions on the claim” is important. An allowed condition is a medical diagnosis which has been determined by the Bureau of Workers Compensation or the Industrial Commission to be related to the workplace injury.


Read more . . .


Tuesday, July 25, 2017

Recently Passed Legislation Changes Statute of Limitations for Workers Compensation Claims


The Ohio General Assembly recently passed a budget bill which also made changes to Ohio’s Workers Compensation laws. The changes are yet to take effect. All Injured Workers should be aware of three aspects of the legislation.

First, the statute of limitations to file a claim will be changed from two years to one year. Although this will not affect several claims, it is now even more important for Injured Workers to file their claims as soon as possible.
Read more . . .


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 . . .


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With an office located in Toledo , OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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