Greetings! Accidents at the workplace can be quite challenging to deal with, but luckily, workers’ compensation is there to help. However, the legal aspects can be overwhelming, which is why having a professional workers’ compensation attorney on your side can make all the difference.

In this article, we’ll break down the advantage of hiring a workers’ comp attorney, even if it’s not us.

1. Expert Knowledge of Workers’ Compensation Laws

When it comes to workers’ compensation laws, it’s like navigating a complex maze. But fear not! Your workers’ compensation attorney is well-versed in these laws and has the expertise to guide you through the process smoothly. With their knowledge, you can rest assured that your claim is built on a solid foundation, maximizing your chances of success.

2. Protection of Your Legal Rights

Your rights as an employee must be protected, and that’s precisely what a workers’ compensation attorney does. They act as your advocate, ensuring that you receive fair treatment from your employer and the insurance company. With their professional approach, you can trust that your rights will be safeguarded throughout the entire process.

3. Guidance through the Claim Process

The claim process can be daunting, with numerous forms and deadlines to manage. Luckily, your attorney is here to lend a helping hand! They will walk you through each step of the process, making sure that all necessary documentation is accurately completed and submitted on time. This minimizes the risk of administrative errors and ensures a smooth journey toward your claim.

4. Accurate Assessment of Compensation

Calculating fair compensation for your injuries can be a complex task. Fortunately, your attorney is equipped with the skills to assess the full extent of your injuries, medical expenses, and potential long-term effects accurately. With this information, they can negotiate a fair settlement on your behalf or represent you in court to pursue the rightful compensation.

5. Skilled Negotiation with Insurance Companies

Dealing with insurance companies can be tricky, but your workers’ compensation attorney has it covered! They are well-acquainted with the tactics insurance companies use to minimize payouts. With their negotiation prowess, they will ensure you are treated fairly and prevent you from falling into any unfair traps.

6. Expertise in Handling Appeals and Litigation

If your claim is denied or if you encounter obstacles along the way, don’t worry! Your attorney is prepared to take the necessary legal actions. They will skillfully handle the appeals process or represent you in court, making a compelling case on your behalf.

What if I can’t afford to hire a workers’ comp attorney?

Stick with us. You pay us $0 until we win your case. Plus, your case review is free. Give us a call.

In conclusion, having a workers’ compensation attorney is not just a luxury – it’s a wise choice. Their professional expertise, friendly guidance, and legal prowess make them an essential partner when dealing with workplace injuries. With them by your side, you can rest assured that your rights are protected, and your claim is in capable hands.

Remember, we want you to have the best possible outcome and get the compensation deserve, even if you don’t choose us to represent you. When faced with a workplace injury, don’t hesitate to reach out to a workers’ compensation attorney – they’ll be your reliable partner throughout the entire process.

After a workplace injury, you’re counting on your workers’ comp benefits to help pay your medical bills and help you get by financially until you’re able to return to work. Unfortunately, your employer (or the workers’ compensation insurance carrier) had different plans.

As with any insurance claim, there are important deadlines, rules, and exceptions that will ultimately determine if the claim is approved.

If your workers’ comp claim was denied, the first thing you need to do is determine the reason why. This should be in your denial letter as well.

Here are some common reasons for a denial of workers’ comp benefits: (This is not an exhaustive list and an experienced Ohio workers’ comp attorney will be able to assess your case in detail.)

• You didn’t report your injury within the deadlines given.  While you should notify your employer immediately following the injury, the Ohio statute of limitations for filing a workers’ compensation claim is one year.
• No one witnessed your accident. Whether your witness was a coworker or even a surveillance video, any proof that can verify how you became injured can drastically help your case. If you know that your accident had no witnesses, it should encourage you to report your injuries to your employer immediately and get prompt medical attention.
• Your accident report or medical records seem suspicious. Your employer’s workers’ compensation insurance carrier will be tediously going through your claim with a fine-toothed comb. If your report differs from those of your coworkers or your doctor, or if your medical records show that you had drugs or alcohol in your system at the time of the accident, it will be very difficult to get workers’ compensation benefits.
• You refused to cooperate during the claims process. Being cautious when dealing with insurance companies is always advisable, and it’s a good idea to consult with an attorney before signing or recording any statements or documents. Oftentimes, your signature or recorded statements aren’t required to obtain benefits, but many insurers will try to use this as an excuse to deny your claim. This is usually not a valid reason to deny a claim, and an attorney can help you sort this out in an appeal.
• Your employer or their workers’ comp insurer made a mistake or is being difficult. Often, employees can follow procedure by the book when it comes to reporting their injuries and filing claims, but they’re still denied benefits. Whether the employer or their carrier overlooked a key detail or simply made a mistake, a workers comp attorney can help you appeal your denial if your case is sound.

Now that you understand why your workers’ compensation claim has been denied, there are several steps you can take:

1. Review the denial letter: Carefully read the denial letter provided by your employer’s insurance company. Understand the specific reasons for the denial and any deadlines for appealing the decision.
2. Consult an attorney: Consider seeking legal advice from an attorney who specializes in workers’ compensation. They can assess your case, explain your rights, and guide you through the appeals process.
3. Gather supporting evidence: Collect any relevant documents, such as medical records, incident reports, witness statements, and other evidence that supports your claim. This evidence can be crucial when appealing the denial.
4. File an appeal: Follow the instructions provided in the denial letter to file an appeal within the specified timeframe. Be sure to include any additional evidence or documentation that supports your case. Depending on your jurisdiction, there may be multiple levels of appeals, so be prepared for the process to take time.
5. Attend hearings or mediation: In some cases, you may be required to attend hearings or mediation sessions as part of the appeals process. These proceedings allow you to present your case and provide further evidence supporting your claim.
6. Keep records: Maintain a detailed record of all communications, including dates, times, and the individuals you speak with regarding your claim. This documentation can be valuable if there are any disputes or misunderstandings during the appeals process.
7. Follow up: Stay in touch with your attorney and the relevant parties involved in your claim. Keep track of any updates or requests for information and respond promptly.

Remember, the workers’ compensation process can be complex, and outcomes vary depending on the circumstances. Seeking legal advice and assistance from an experienced workers’ comp attorney is often beneficial when navigating the appeals process.

One of your most important rights as an injured worker in Ohio is your right to appeal a workers’ compensation claim denial. If you have been denied benefits for any reason, workers’ compensation attorney Tom Marchese can help. Schedule your free consultation with us today to discuss your case.

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.

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.

Contact Thomas Marchese Today.
We have more than 25 years of experience helping injured workers in Columbus with workers’ compensation issues. Contact us today to discuss the details of your situation with Tom. Your call is free.

Cases involving workers’ compensation can occasionally be resolved quickly (within a few weeks or months), but most can take years to settle.

On average, a workers’ compensation case will be settled within 16 months. A resolution could lead to a court hearing or a settlement agreement. Under 20% of cases are resolved in the first 6 months. Most workers—roughly half—complete their claims within 13 to 24 months.

Each case is unique and will have a different time frame for settlement.

Can my Workers’ Comp case settle without a lawsuit?

In short, yes, but you may be losing some of your potential benefits from the case. If you can resolve the dispute without resorting to litigation, it will often greatly speed up the entire process. Without going to court, agreements can be reached in months.

Keep in mind that requests for workers’ compensation payments are considered claims for workers’ compensation. If you haven’t yet filed a lawsuit, you may still be able to make a claim for benefits.

Before filing a lawsuit, workers (and their attorneys) will frequently attempt to reach an agreement with the workers’ compensation insurance provider. This strategy is often successful, but if it fails, it may take more time because it delays the filing of your workers’ compensation complaint.

But just because an out-of-court settlement is quicker does not imply that it is always the right line of action. In many cases, you will need to file a lawsuit in order to receive the compensation you deserve to compensate you for your work injury.

Things that affect the average time to settle a Workers’ Comp case:

• Type of injury
• Recovery time from the injury
• Whether you have a complete, partial, or full recovery from the injury
• Involvement of a lawyer (or not)
• Negotiation or acceptance of the funds offered to you
• If the case goes to hearing
• Whether you need to file an appeal

Longer Workers’ Comp cases often lead to higher settlements or awards. This is not always the case, but it’s important to remember that in the long run, it’s not a bad thing to have a case that takes a while to settle.

Do insurance companies prolong a Workers’ Comp settlement?

Since the insurance company typically covers the cost of workers’ compensation benefits, their actions have a significant influence on how the case progresses.

The case’s timing may be greatly impacted if an insurance company (or its lawyer, or the employer) is slow to assess the case, follow up, or set deadlines.

If an insurance company challenges the rate of permanent impairment that has been awarded to you, for instance, cases will typically take longer. The length of the case can alter significantly if your doctor determines that your disability is 30% while the doctor for the insurance company determines that it is 10%.

The impairment rating is the key area of focus for insurance companies since it significantly affects how much you are entitled to in workers’ compensation claims. If the permanent disability rating is contested, the case will frequently take close to an additional 5 months.

Insurance firms analyze claims and often handle numerous claims at once. Processing all of that data requires time and might result in severe process delays.

Here are some common delays for Workers Comp cases:

• Slow response times
• Lack of response from an attorney
• Slow responses from hospitals and clinics to send medical records
• Ignoring requests for medical treatment
• Difficulty getting in to see a particular doctor or specialist
• Delays in scheduling important events (i.e. independent medical examinations(IME) or depositions)

There are instances where an insurance company will purposefully hold up your claim, even though many of these delays are just a normal part of a workers’ compensation case. They might do this to irritate the employee in an effort to get them to drop their claim or settle for less money. Always consult a lawyer before accepting a lump sum settlement.

Should I accept a lump sum settlement for my Workers’ Comp claim?

It’s crucial to keep in mind that if you are awarded a lump-sum settlement, you’ll no longer receive weekly checks to replace your lost wages, medical expenses, or both.

Settlements can occasionally be helpful in shortening the payment timetable, notwithstanding their downsides. For years, you won’t have to be concerned about the employer’s insurer carefully examining your condition. If you recuperate and do not have a permanent handicap, you may also go back to work and keep the settlement.

When it comes to work-related injuries, every situation is unique. To determine whether a lump sum payment makes sense for your settlement offer, it is actually best to speak with your lawyer about your disability benefits, medical expenses, and long-term outlook.

Get an experienced Ohio Workers’ Comp Attorney on your side

As one of the first attorneys in the State of Ohio to be board certified as a specialist in Worker’s Compensation Law, Tom Marchese has the knowledge and experience to greatly benefit your case. He will personally handle every aspect of your case. It won’t be passed off to a junior associate, and it won’t be treated like any other file in a stack. He will support you throughout the process, from consultation to resolution.

Whether you need to file a new claim, your claim was denied, or you need to appeal a denied claim, contact Thomas Marchese. To discuss a potential settlement amount or the time frame for your settlement, call today.

Additionally, here are steps to take after a workplace injury.

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 upon 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 and 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.