For any worker injured on the job, it can be difficult to know if you should file a workers compensation claim and when to do it. You may be asking yourself,

“Is my injury severe enough to file a workers comp claim?”
“Will my employer fire me for filing?”
“What bills are covered when I file for workers comp?”

In this article, I’ll answer those questions and more.

What Benefits Are Available through Workers Comp?

By law, injured workers are entitled to the benefits they need in order to get better, pay their bills, and compensate them for a permanent or long term injury. If you’re ever hurt at work, you’ll need to know about these three benefits.

1. 1. Medical Treatment
      The first and probably the most important benefit is payment for any medical treatment as a result of the injury. That includes emergency room bills, MRIs and X-rays, diagnostic testing, physical therapy and surgery, even psychological testing to help deal with the emotional repercussions that can often come from sustaining a serious injury. Workers compensation covers all associated costs, including co-pays and deductibles.
   2. Reimbursement of Lost Wages
      If your authorized doctor says you can’t work due to your injury, you will receive weekly benefits from workers’ compensation covering your wage and rate. Those payments will continue as long as you continue to receive authorized care, while awaiting surgery or recovering, until your doctor gives written consent that it is safe for you to return to work. Protecting your right to wage replacement is just another reason to file a claim. 72% of lost wages for the first 12 weeks, 66 ⅔% thereafter.
   3. Long-Term Monetary Losses
      Let’s say you experienced a heavy lifting injury that resulted in a herniated disc in your spine. Hopefully, you make a full recovery, get back to work, and have little or no lasting side effects from that injury. Unfortunately, there are many people who go on to have long term physical limitations despite having the best care. That doesn’t mean you can’t work ever again or enjoy life, it just means that you have to be more careful and possibly change the line of work you are in to compensate for any range of motion limitations or other lasting side effects. How much you receive in workers comp payments depends on the injury, occupation, job function as well as personal lifestyle. You are unlikely to receive compensation for a permanent injury without filing a workers comp claim. Our website homepage lists available benefits with more detail.

When Should I File a Workers’ Comp Claim?

IMPORTANT: You have one year from the date of your injury to file a claim with the Ohio Bureau of Workers’ Compensation (BWC).

Even if you don’t immediately think you’ve been badly injured, report your injury to your employer. That slight pain in your back could make you unable to get out of bed in a few days. Leaving your injury unreported can jeopardize your compensation. If you find yourself unable to perform your job to the best of your ability, you should file a claim immediately – we are here to help.

Can My Employer Punish Me for Filing a Workers Comp Claim?

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim. It is illegal to punish an employee in any way simply for them filing a workers comp claim.

Under Ohio Workers Compensation Laws, a worker does not need to prove fault to bring a claim.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

Have you or a loved one been injured at work? Workers’ compensation claims are complex. Call or email me today to discuss your injury. Workers Compensation is all we do. We have proven success, your consultation is free, and I don’t get paid until you do.

“While receiving workers comp benefits, I was fired or laid off.”

Generally, if you were receiving benefits when you were fired or laid off, you will continue to do so. However, if you were fired for disciplinary issues, you could lose them.

It may help if you understand that Workers Compensation is an insurance policy much like your home or auto insurance. Every Ohio business with employees must provide this insurance coverage. Like your home or auto insurance, your employer pays premiums for it. Maintaining an accident-free workplace typically results in lower premiums.

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim.

Non-union employees are typically hired on an “at-will” basis, with some exceptions. Employers are not required to give any explanation when firing, and can simply restructure and eliminate your position and there is nothing you can do about it. There is an exception: If you are under contract, the contract might list acceptable reasons for firing you.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

“While receiving benefits, my employer went out of business or filed for bankruptcy.”

This shouldn’t affect your benefits, as they are paid out by the Bureau of Workers Compensation.

“While receiving benefits, my position was replaced.”

Your employer does not have to hold your position open. If your role is essential to the functioning of the company, they have the right to replace you.

“I was injured on the job, filed for benefits, and was denied.”

You may be able to file an appeal.

Workers’ compensation laws are complex and updates are frequent, you are probably qualified for more benefits than you think. Filing incorrectly or incompletely can result in claim denial and/or abbreviated benefits.

If you have already filed, and your claim was denied or terminated, call attorney Tom Marchese for a free, no-obligation discussion.

The workers’ compensation system provides certain benefits to workers who are injured while on the job. In a similar way to your personal auto insurance, businesses pay premiums for workers’ compensation insurance that will provide medical and wage payments to the injured party and provide a layer of protection to the businesses themselves.

Like any insurance claim, the rules are complex. You have filed for benefits and your claim was denied. Meanwhile, your medical bills may be arriving and your income may be lost while you are off work. What now?

Why was my workers’ comp claim denied?

The most common reasons are:

• the injury didn’t occur while you were at work or performing a work-related task
• the injury was the result of a preexisting injury or condition
• if there is a dispute as to exactly when or where the injury occurred
• a health professional concluded that you aren’t disabled as a result of your work injury and are therefore still able to perform your work duties
• there is a dispute whether you sustained injuries at all

How can I appeal a denied workers comp claim?

While the exact methods of appealing the denial can vary among the states (unless you are a federal employee), there are a few things that everyone can do when seeking a review of a denied claim:

1. Hire a workers’ compensation attorney to handle the appeals process.
2. Don’t wait. In Ohio, you must file a formal appeal within 14 days of the receipt of the denial.
3. Contact the BWC.

How can a Workers’ Compensation lawyer help me?

Workers’ compensation is all we do. As your lawyer, I will determine the reasons for the denial of your claim and gather documentary evidence, including contacting possible witnesses to your injury and retaining experts from the medical field as well as your work industry if needed.

Most workers’ comp claims are denied based on medical issues. I will have your injury or disability evaluated by an independent medical specialist and/or review your specific case with your present health care provider to determine if a more detailed medical report should be drafted. I will also determine if any additional proof is needed to demonstrate a disability or directly related injury.

Don’t wait to fight for the benefits you deserve. Contact Workers’ Compensation Attorney Tom Marchese today.  Call now.

A seemingly normal day at work can quickly become the start of a nightmarish ordeal if you get injured. A slip and fall (read about the difference between slip and fall vs. trip and fall here), machinery accident, lifting injury, and more can deter your life in a matter of minutes and leave you wondering how you’ll pay your bills and provide for your family now that you’re unable to work. In this situation, having a worker’s compensation lawyer walk you through the steps of filing a claim is essential.

Let’s discuss three important things that you should know about a worker compensation claim.

1. You don’t need to prove your employer is at fault.

This is actually a very common misconception. The reality is that you don’t have to prove anything to be eligible for compensation as workers comp is regarded as a no-fault system in the US. In addition, the amount of compensation you’ll receive is not affected by your carelessness in performing your job, that is unless you were under the influence of drugs or alcohol when the injury occurred. In that instance, it’s important that you consult a professional compensation attorney before filing a claim.

It is also important to note that reporting your injury is not “punishing” your employer or jeopardizing your job. All employers pay into the Ohio state workers’ compensation system to make sure that anyone injured on the job can seek compensation to cover those and injuries, missed income, and related medical expenses.

2. Report your injury immediately.

This is extremely important. Don’t wait to report your injury, even if you don’t immediately think you’ve been badly injured. That slight tweak in your back could have you unable to get out of bed in a few days, and you can seriously hurt your case of getting compensation if you do not immediately report your injury to the employer.

In some cases, workers choose not to report an accident because they think the work either doesn’t fall within their scope of employment, or they weren’t on duty when the injury occurred. This conversation should be discussed with your lawyer to decide since things are not always that clear-cut when it comes to workers’ comp claims.

3. You can still file a negligence lawsuit.

While it’s true that filing a workers comp claim does mean you waive your right to sue your employer, this does not mean that you can’t file a negligence lawsuit against a third party. For example, suppose your injury occurred due to a defective piece of equipment, in this situation you can bring a case to court against the equipment manufacturer. Any amount you receive in this case will be in addition to the compensation received from your employer.

Hire a workers comp lawyer to guide you.
Getting injured on the job can result in serious consequences. You can greatly increase your chances of getting adequate compensation by hiring a workers comp lawyer. Thomas Marchese is a highly experienced workers’ compensation lawyer who can help you file a claim and fight for what you deserve. Give us a call today for a free consultation.

There’s no doubt, life has dramatically changed since the beginning of the pandemic. Businesses have been forced to change the way that they operate, some restaurants are relying solely on take-out and curbside service, there’s now a limit on the number people allowed to grocery shop at one time, and doctors are now evaluating patients using “Telehealth.”

If you’ve been injured on the job, and are seeking restitution for missed work and mounting medical bills, it is vital to have your injury and treatment diagnosed. Most medical practices have adapted to COVID restrictions by offering Telehealth appointments. Using your mobile phone, tablet, laptop, or computer, you and your doctor can see each other just as if you would in a face-to-face appointment. You explain how your injury happened, what your symptoms are, and any medical treatment that you have received for your work injury.

How can a doctor diagnose me through Tele-health?

The doctor is unable to physically touch you, but he/she can still conduct an examination. For example, if you’ve injured your back, the doctor might ask you to walk a few steps to watch for a limp, touch your toes to gauge your range of motion or lift your legs while sitting to see if you feel pain in your back or legs. Although the doctor can’t test your reflexes, he/she can still gain valuable information from this modified exam.

Your doctor may provide you with treatment recommendations, which could include physical therapy, medications, or order a more thorough diagnostic, like an MRI. Most medical facilities have remained open during this pandemic and have continued to operate on a modified schedule to allow for the proper precautions to be taken. Staff members wear masks and gloves, wipe down equipment, and enforce social distancing.

How important is it that I see a physician after an injury?

If you injure yourself at work, the Industrial Commission of Ohio will give great weight to the reports of your doctors and the results of your diagnostic studies when determining whether to accept or deny your claim. If your claim is denied, a lawyer can file a petition on your behalf which will be heard by a workers’ compensation judge. An Industrial Commission Hearing Officer then carefully considers what conditions your doctor’s diagnosed and referenced studies. So, if your doctor orders an MRI and it shows herniated discs at two levels of your spine, there is a much better chance that they will conclude that you are truly disabled and therefore are entitled to workers’ compensation benefits.

Here at Marchese Law, we can help you file to fight your denial. SInce 1985, defending the rights of Ohio workers is all we do. The business restrictions of the pandemic have added another layer of complexity. We fight the BWC on your behalf to get you paid. If you sustained an injury at work, call us.

As a medical professional you spend hours on your feet every day, and perform intricate tasks with your hands day in and day out. You may also routinely squat and stretch to reach tools and supplies, and spend hours typing inpatient data. These tasks put you at risk for repetitive stress injuries (RSI).

Repetitive stress injuries are common in the medical profession. You may assume that most job-related injuries occur on construction sites, factories, or warehouses. They do, but a significant percentage of on-the-job work injury claims involve wear and tear. When you are experiencing pain and physical limitations, you need to remember to take care of yourself while you are caring for others.

Seeking Workers’ Compensation Benefits for RSI

It is a misconception that only traumatic on-the-job injuries are eligible for workers’ comp payments. Repetitive stress injuries are often covered as well.

Common RSI injuries that are common among nurses, therapists, and other health care professionals include the following:

• Carpal tunnel syndrome
• Stenosing tenosynovitis (trigger finger)
• Osteoarthritis
• De Quervain’s tenosynovitis
• Degenerative conditions
• Disc abnormalities
• Rotator cuff injuries

Interesting facts about workers’ comp claims and medical professionals.

1. The “No-Fault” Nature of Workers’ Comp
In Ohio, workers’ compensation is a “no-fault” system. Employees can seek benefits for all injuries sustained within the scope of their employment, regardless of the cause. So, if you’re in pain because you are a devoted employee and you love doing what you do, you are within your rights to file a claim for benefits.

2. Provide Written Notice
In order to file for workers’ comp, you need to first provide written notice of your injury to your employer. Most employers have some kind of “Accident Form” that you fill out for this exact reason, but really you can use whatever form your employer provides you, even if it’s not considered an accident-related injury.

3. See the Company Doctor
One aspect of Ohio’s workers’ compensation system is that it gives employers the right to require employees to see their “company physician.” Once you’ve provided written notice of your injury, your employer should tell you where you need to go to seek a diagnosis and treatment. This won’t necessarily be your only option, but it’s where most employees need to start.

4. Thorough Documentation
Thorough documentation is key. You will need to be able to demonstrate that your injury developed at work rather than at home. Make note of when the pain began or when you first noticed symptoms. Document when the symptoms would flare (ex: after a long shift, when lifting a patient onto a gurney). Every detail can help with your claim.

5. Preparing for the Claims Process
Your case management will involve a review of workers’ compensation coverage including wages, medical coverage, work-related medical conditions, loss of function, and injuries that may not show up until years after you have left a job.