When you get injured on the job, workers’ compensation benefits can cover your medical bills and replace some of your lost wages. This system gives workers the time and financial support to recover from their injuries and return to the workforce.

However, workers’ comp benefits do not replace all of your lost wages, and if you are a noncustodial parent with child support obligations, a significant reduction in your monthly income can be a big concern.

Ohio takes child support obligations very seriously. Each parent has a legal responsibility to provide financial support for their children while they remain dependent, and that responsibility does not change when parents get hurt.

Will My Workers’ Compensation Be Taken to Pay for Child Support?

In some cases, yes. Workers’ compensation benefits can be withheld to pay for child support.

Although the benefits you receive for medical costs should go directly to your medical bills, a portion of your wage-loss benefits can be taken to cover any child support obligations.

If you receive monthly workers’ comp benefits for temporary total disability or temporary partial disability, up to 25% of your monthly benefits are subject to wage garnishment.

If you have no current child support obligations and your wages are being garnished for arrearages only, the maximum amount of withholding is reduced to 15%.

If you receive a lump-sum award for benefits, up to 50% of the lump-sum award may be subject to garnishment.

If you receive monthly permanent total disability or permanent partial disability benefits, up to 50 percent of your monthly benefits are subject to garnishment.

If you receive a settlement payment from a disputed workers’ comp claim, up to 50% of the proceeds from the settlement are subject to garnishment.

Do I Have to Pay Less Child Support Since Workers’ Compensation Pays Me Less Than What I Was Earning at Work?

Having to pay for child support when you’re already struggling to cover medical bills and costs of living can be a challenging situation.

If you believe you may be out of work for a while, you can request a modification of your child support order.

The three most important things to remember about a workers’ compensation settlement are:

1. Settlements are voluntary. No one can force you to settle your case for an amount you don’t agree with.
2. Most settlements will stop the payment of compensation and medical payments in exchange for a lump sum of money.
3. In Ohio, if the employer is not self-insured and the claim is older than five years, it is not necessary to have an agreement from the employer to settle. In those cases, the injured worker can settle directly with the BWC and the employer cannot stop the settlement.

Many injured workers call me and want to know how long it takes to settle a case and how much their case is worth.

The value of a workers’ compensation case depends on how serious the injury was and how much compensation and medical bills were already paid. A settlement is based on how much compensation will be paid in the future, not how much has already been paid.

A serious injury involving surgery or other significant treatment will be worth more than an injury with sprains and strains of muscles.

This leads to the big question: How long will it take?

On average, once medical treatment has ended, a settlement can be reached in as little as two or three months so long as the parties can agree on an amount.

An attorney can evaluate your case at no cost to you. The attorney must review the medical records and reports to form an intelligent opinion on any case.

If you are not receiving ongoing medical treatment or compensation, waiting to settle your case may lead to a smaller settlement. Therefore, it is important to contact an attorney as soon as possible to discuss a settlement.

In this article, we’ll answer some of the questions that we hear most often.

1. What is a workers’ comp injury?

“An injury whether caused by external or accidental means or accidental in character and result received in the course of and arising out of the employee’s employment.” More simply; an injury that occurred either at your place of employment (on-site or off-site) during your working hours while on a job-related task.

2. How do I file a workers’ compensation claim?

The injured worker or their workers’ comp attorney, as well as employers and medical providers, can all file a claim online at the BWC Website or by manually completing the First Report of Injury (FROI) form and filing it with any BWC office.

3. How long do I have to file a workers’ comp claim?

In Ohio, you have one year from the date of injury or death to file your workers’ compensation claim. However, we recommend you file as soon as possible following the incident.

4. Does every workers’ comp claim require a hearing?

No. Hearings are held only when there is a dispute between the injured worker and the employer.

5. How will I be notified of a hearing?

A notice will be sent to you at least 14 days prior to the scheduled hearing date.

6. How is my weekly rate of pay determined?

The first 12 weeks of disability (if needed for the long) are based on your full weekly wage. This is determined by taking an average of your earnings for the six weeks prior to your injury or the earnings for the week prior to your injury, minus any overtime. The higher of these two figures is considered your full weekly wage. Your weekly rate of pay is determined by taking 72% of that number.

After the first 12 weeks of disability, the weekly rate of pay is based on your average weekly wage. This is determined by the average of the earnings for the entire year prior to your injury. The rate of pay is determined by taking 66.66% of that number.

It is important to note that there are minimum and maximum rates applicable to the year you were injured.

7. What is the difference between an MCO and the BWC?

The BWC is the Ohio agency that is responsible for Ohio’s workers’ compensation system. They make decisions regarding claim allowances and handle any issues with the payment of benefits.

The MCOs are private companies either selected by or assigned to each state-funded employer to medically manage an employer’s workers’ compensation claims, make treatment decisions and coordinate medical care.

8. How do my medical bills get paid if I’m collecting workers’ compensation?

Once your claim is approved, the medical providers who have treated your injury should submit their bills for payment to your MCO, who reviews the bills and then sends them electronically to the BWC, who then disburses payment to the medical providers. If you receive a bill, contact the medical provider and advise them the treatment was for a work-related injury. Give them the name and address of your MCO and ask that they forward the bills there.

9. How do I get reimbursed for medications I’ve paid for?

If the pharmacist sent the bill information to RxNet then you do not need to do anything. You will be reimbursed once your claim is approved. If you paid cash for your prescription and the bill information was not sent to RxNet, you will need to have your pharmacist complete and submit a C-17 form.

10. What happens to my workers’ comp claim if I move out of state?

Although hearings on your claim are only held in Ohio, medical and compensation benefits are paid regardless of where you live.

Have more questions? Contact us. Getting workers’ comp for injuries sustained while working can be a complex process. An experienced workers’ compensation attorney can advise you of your options and protect your legal rights at every stage in the process.

Schedule your free consultation with attorney Thomas Marchese today. Workers’ compensation is all we do.

Just because you received a denial for your workers’ compensation claim, doesn’t mean you’re out of options. You may still be able to file an appeal.

A workers’ compensation denial letter can be a disheartening experience. You were injured on the job and you struggled while waiting for your benefits to come through, and then…nothing. No benefits, and no explanation as to why your claim was denied.

If this sounds familiar, you are not alone. Employers and the BWC routinely deny injured workers’ claims for benefits. Sometimes these denials are legitimate and other times they aren’t, but injured workers who have been denied compensation should promptly evaluate their options for filing an appeal.

Let’s start with the basics.

Why Was I Denied Workers Compensation Benefits?

For now, let’s assume that you’re entitled to workers’ compensation, meaning you’re an employee who was injured on the job.
There are several reasons why your claim may be denied or reduced. Below are some common reasons that can potentially be overcome by filing an appeal:

Your Injury or Illness was (Supposedly) Not Job-Related

Employers and the BWC will often deny workers compensation claims, many times in error, on the basis that the employee’s injury or illness was not job-related. You may have simply failed to present evidence that was available to prove your benefits.

You Missed the Deadline to Report Your Injury or File for Benefits

The deadline for reporting your injury and filing for workers’ compensation is based on the date that your illness or injury occurred. However, this isn’t always as straightforward as it might seem. You should report your injury immediately to your supervisor and the statute of limitations for filing a worker’s compensation claim in Ohio is one year. If you missed a deadline, you should speak with a workers’ compensation attorney to find out if you’re still eligible for benefits.

You Submitted an Inaccurate or Incomplete Claim Form

If you submit a claim form with incomplete, inaccurate, or inconsistent information, you may be denied benefits. These deficiencies can be overcome, but you cannot expect your employer the BWC to deal with them for you. Speak directly to a workers’ compensation attorney to discuss your options.

You Had Drugs in Your System at the Time of Your Injury

If you had alcohol, prescription medications, or illegal drugs in your system during your medical examination, there is a chance that the employer or BWC will try to use this against you. However, there are points to be argued. Were you under the influence when you were injured, and if so, was this a factor in the injury?

How Can I Appeal My Workers Compensation Denial?

If you’ve been denied workers’ compensation benefits, you have options. To determine the best steps to take, you need to understand why your workers’ compensation claim was denied. Whether due to a simple mistake on your part or the part of your employer or the BWC, appealing your denial may be as simple as straightening things out through a phone call.

However, in many cases, appealing a workers compensation denial means filing a formal appeal. This process usually begins with submitting an appeal to the Industrial Commission. While this is something you can do on your own, it’s a task best handled by an experienced work injury attorney. You may need to present your case to a hearing officer, and if they agree that you are not entitled to benefits, you may need to take your case to court.

Speak with an Attorney about Your Denial
If you need help understanding your rights after a workers compensation denial, call Tom Marchese. We’ll walk you through all of your options and begin appeal proceedings.

With remote work becoming increasingly common, questions about workers’ compensation eligibility for injuries sustained at home are more relevant than ever. If you’re a remote worker in Ohio and get injured during work hours, you might wonder: Am I covered by workers’ comp?

The answer is yes, but proving the injury was work-related can be challenging. Here’s what you need to know to protect your rights.

Workers’ Comp Protects the Worker, Not the Workplace

Under Ohio law, workers’ compensation applies whenever you’re performing job-related tasks, regardless of location. This means your home office is treated the same as a traditional workplace.

Examples of Covered Scenarios:

• Tripping while answering a work-related phone call.
• Injuries sustained while carrying a delivery of work materials into your home.

However, the line between “on duty” and “off duty” can blur, which is where complications arise.

Acting “In Furtherance” vs. Personal Activities

Workers’ compensation claims hinge on whether your actions at the time of the injury were job-related.

• “Acting in Furtherance”: This covers activities directly tied to your job or basic needs to perform it effectively, such as taking a bathroom break or grabbing a drink during your workday. Injuries sustained during these activities are usually compensable.
• Personal Activities: Tasks unrelated to your job, like doing laundry or checking personal mail, likely won’t qualify for workers’ compensation.

Key Factors in Determining Eligibility

To qualify for workers’ compensation while working from home, several criteria must be met:

1. Work-Relatedness:
   The injury must occur while performing tasks within the scope of your employment. Examples include answering work emails or participating in virtual meetings.
2. Course and Scope of Employment:
   The injury must happen during work hours and while actively engaged in job-related duties.
3. Proving the Connection:
   Establishing a clear link between your injury and work is crucial. This often requires documentation like medical records, incident reports, or witness accounts.
4. Employer-Provided Equipment:
   If the injury results from faulty equipment provided by your employer, it strengthens your case for compensation.
5. State-Specific Laws:
   Workers’ comp eligibility for remote workers can vary by state, so it’s important to review Ohio-specific laws or consult an attorney.

Steps to Take if You’re Injured While Working Remotely

If you’re hurt during remote work, follow these steps to ensure the best chance of getting your claim approved:

1. Report the Injury Immediately:
   Notify your supervisor as soon as possible. While you may need to call initially, follow up with an email or written communication to ensure there’s a documented record.
2. Seek Medical Attention:
   Visit a doctor promptly and explain that the injury occurred during work. Detailed medical records will support your claim.
3. Document Everything:
   Keep records of how the injury happened, including photos, timelines, and any correspondence with your employer.
4. Contact a Workers’ Compensation Attorney:
   Navigating a workers’ comp claim as a remote worker can be complex. An experienced attorney can guide you through the process, ensure your claim is filed correctly, and help you appeal if the claim is denied.

Why Choose Thomas Marchese?

If you’ve been injured while working from home, you need an advocate who understands the nuances of workers’ compensation law. Thomas Marchese has extensive experience helping employees secure the benefits they deserve, no matter where their workplace is.

Schedule a free consultation today to protect your rights and get the support you need.