WORKERS' COMPENSATION

AN OVERVIEW:
In 1912, the Ohio Constitution was amended to provide a method by which injured workers could be compensated for their work-related injuries. The Workers’ Compensation Act is a mandatory act that requires all injured workers to proceed through the system in order to receive compensation and medical payments for their work-related injuries.
 
We understand how confused and frustrated you can be as a result of an injury or occupational disease suffered at work.

You do have rights and it is important that you know them.
 

The law firm of Cannizzaro, Fraser, Bridges, Jillisky & Streng, LLC has helped thousands of Ohio injured workers receive the compensation and medical benefits available to them under the Ohio Workers’ Compensation Laws. We will be able to help you initiate your claim, develop the legal and medical information necessary to expedite your claim and we can work with your physician to see that all requirements of the law are met. As your attorney, we can represent you at all hearings and provide expert advice on each aspect of your claim. Throughout the entire claims process, you will have access to a staff of friendly professionals willing to assist you. We can help you complete all necessary paperwork and assist you in pursuing any number of different forms of benefits which may be available.
 
The scope of our representation includes assistance with the Bureau of Workers' Compensation, the Industrial Commission of Ohio, Self-Insured Employers, State Funded Employers, Managed Care Organizations and/or Third Party Administrators and your physician of record. We will work to insure that you receive proper medication, medical treatment, including therapy and rehabilitation and that your compensation is being paid correctly and timely.
 
INJURIES COVERED BY WORKERS' COMPENSATION:  For a work-related injury, you may be eligible for compensation for........

•  some pre-existing conditions that the workplace accelerates or aggravates, even though you don't notice the pain from the injury
   until later

•  injuries caused during breaks, lunch hours, work-sponsored activities and at-work injuries caused by company facilities

• diseases if contracted by exposure to toxins at work as a result of normal working conditions.

 
Some injuries may not be covered by workers' compensation. This may include injuries sustained during horseplay at work, if injured while intoxicated at work, a person who does a personal errand during company time or a person who deliberately inflicts injury upon him or herself.
 
Furthermore, depending on the circumstances, an employee who is injured while traveling to or from work is not generally entitled to workers compensation benefits unless the employer provides the worker with the means of transportation, pays the employee's cost of commuting or if travel is required to perform his or her duties. Generally, if an employee is injured traveling to or from a company-sponsored class, uses the restroom, visits the cafeteria, has a coffee break or a cigarette break, it is typically accepted that employers benefit from these "non-business" employee conveniences and award compensation.
 
WHAT TO DO IF YOU HAVE BEEN INJURED AT WORK: If you are injured on the job, you should.......

First:  Report the injury to your employer, ideally in writing maintaining a copy for your records. Any delay could impair your ability to receive benefits.

Second:  Complete a claim form given to you by the employer. The employer must provide you with a claim form and you must complete this document completely and using specifics in order to receive benefits. Again, maintain a copy of this form for your records. By completing this form and returning it to the employer, the employer is required to process your application.
 
If your employer denies your claim or a dispute arises, you can seek help from the Ohio Bureau of Workers’ Compensation, but you may also want to contact an experienced workers' compensation attorney.
 
RETALIATION BY YOUR EMPLOYER FOR SEEKING WORKERS' COMPENSATION BENEFITS:
Retaliation may take the form of discriminatory treatment such as demotion, salary reduction or even termination.  Injured employees are protected from discriminatory conduct. If an employee believes he or she has been discriminated against or discharged in retaliation for exercising their rights under workers' compensation laws, he or she may have a claim against his or her employer. If you have experienced retaliation after filing a workers' compensation claim, again, you may want to contact a workers’ compensation attorney to discuss your rights..
 
TYPES OF WORKERS' COMPENSATION BENEFITS: Under most workers' compensation systems, an injured employee is entitled to:

•  medical care

•  temporary disability benefits

•  permanent disability benefits

•  vocational rehabilitation
   

Medical care includes all reasonable necessary treatment to cure or relieve the effects of the injury. This includes all medical bills, prescriptions and maybe even mileage to medical appointments.

Temporary disability benefits provide the injured worker with partial compensation for lost wages and is normally about two-thirds of one's average weekly gross pay, and is paid out every two weeks.

Permanent disability benefits are a monetary award for a permanent disability. Permanent disability means that the injured party has lost some ability to compete in the open labor market of uninjured workers and compensation varies depending on the person’s age, occupation, earnings, and limitations created by the injury.

Vocational rehabilitation is an assistance program that provides support to an injured worker while progressing back to work. If permanent restrictions prevent an individual from returning to his or her original job then vocational rehabilitation provides a transferable skills analysis, job seeking skills training including resume completion, interview skills and technique assistance, labor market analyses, physical requirements analyses, job search assistance, and wage assessment evaluations. Partial income may be available similar to temporary disability, while participating in Vocational Rehabilitation services. Once employment is obtained, vocational services may include on-the-job training, ergonomic assessments, and Americans with Disabilities Act (ADA) reasonable accommodation assistance. There are many other services available under the Vocational Rehabilitation guidelines and can be further described as needed.
 
RETURNING TO WORK: 
It is likely that if an employee earns a wage that is equal or greater to the wage they were earning prior to the injury that wage replacement benefits will be stopped. However, if the employee is still experiencing a wage loss that is due to his or her injury, he or she may continue to receive some compensation, although the benefits will most likely be for a lesser amount.

 
Workers’ Compensation is a comprehensive and often complicated system. Cannizzaro, Fraser, Bridges, Jillisky & Streng, LLC is experienced in understanding and applying the Ohio Workers’ Compensation laws. We frequently represent injured workers before the Ohio Bureau of Workers' Compensation, the Ohio Industrial Commission and in various Common Pleas and Appellate Courts located throughout central Ohio.

Your employer and the Ohio Bureau of Workers' Compensation have attorneys to help them, let us help you.  Call us for a free initial consultation.