If you’ve ever been injured at work and had to face the daunting state workers’ compensation system, then you know it’s a frustrating and intimidating process. To help you navigate this system, we’ve provided some answers to some questions you may have about your workers’ comp concerns.
[accordion id="my-accordion"] [accordion_item parent_id="my-accordion" title="Injured at work, what do I do?"]
After any work related injury or accident it is essential to establish a proper record in order to have your claim recognized correctly and receive all possible benefits.
Notify your Employer
If you are injured on the job, it is extremely important to notify the appropriate person or department immediately. Make a written incident report and always ask for a copy.
Seek Medical Attention
If possible, go to the emergency room. If it is not possible to go to the emergency room, see a physician immediately. In Ohio, injured workers have the right to choose medical providers. However, the chosen provider must be certified by the Ohio Bureau of Workers' Compensation (BWC) and be willing to accept payment through the worker's compensation system.
Contact Taubman Law
Contact us in order to have your claim properly handled and be awarded all the benefits you're entitled to.[/accordion_item]
[accordion_item parent_id="my-accordion" title="What injuries are covered by the Bureau of Workers' Compensation?"]The typical kind of workers' compensation claim is for an injury that occurs on the job. As the result of an accident or something that happens to you while you were working, you suffer an injury that requires medical treatment. Whether the accident was your fault or someone else's, you are entitled to benefits.
Workers comp injuries can affect you for few days or for the rest of your life, you deserve to be compensated for these injuries:
In addition you are entitled to benefits for occupation diseases. If you think you have a claim, it's important that it's documented correctly and timely. Contact one of our trained workers' compensation attorneys for a no cost evaluation.
Taubman Law offers a free consultation for anyone who suffers an on-the-job injury.[/accordion_item]
[accordion_item parent_id="my-accordion" title="What Is An Occupational Disease?"]
Unlike a workplace injury, an occupational disease occurs gradually over time. Some workers don't even realize that a disease such as a chronic skin condition or respiratory illness may be caused by exposure to a substance in the workplace. To be considered occupational, the conditions in the workplace must place you at greater risk to the illness than the general public. The illness must be confirmed by a medical diagnosis.
Workplace conditions that may cause disease include exposure to toxic chemicals; dust, gases or fumes; extreme noises or temperature changes; physical vibrations, constant pressure and use; repetitive motions; radiation or radioactive rays; and disease-causing organisms.
Examples of occupational diseases may include:
For more information about occupational diseases, contact Taubman Law to arrange a free consultation.
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[accordion_item parent_id="my-accordion" title="If Injured at work, how do you file for workers’ compensation in Ohio?"]
This process can be challenging, but under their managed care program, BWC and the managed care organizations (MCOs) have made filing a claim a little easier over the years. Injured workers, employers and health-care providers should report an injury to their assigned MCO. If they choose, the injured worker may now report the injury directly to BWC through the Internet by submitting the First Report of Injury online to BWC. Before doing this, at Taubman Law we recommend consulting an attorney to make sure you've taken the proper steps.
Your doctor will take the necessary information and either submit the injury report electronically or fax a First Report of Injury, Occupational Disease or Death (FROI-1) form to the MCO within 24 hours.
Once you receive medical attention, if you haven't already, let your employer know you've filed a claim. The BWC does offer some support throughout the claims process, although you still may have some questions and issues that need clarification. If you miss eight or more days of work, a BWC claims service specialist (CSS) will call you within one week of your claim being filed with your MCO. At Taubman Law, we always recommend you have a consultation with an experienced attorney during this process. Most serious workers' comp attorneys offer the initial consultation at no charge.
There is a lot more to a workers' comp claim than the initial filing, but these are the steps to get you started. Whether or not you choose to work with us, we are happy to talk you through the steps that follow. Please feel free to reach out to Bruce Taubman at brucetaubman[at]taubmanlaw.net or Brian Taubman at briantaubman[at]taubmanlaw.net.
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[accordion_item parent_id="my-accordion" title="What am I entitled to under Ohio Workers' Compensation Law?"]
Many workers don't understand what benefits they are entitled to if they are injured on the job or suffer an occupational disease. In addition to paying your medical bills, Ohio workers' compensation provides many other types of benefits ranging from wage replacement, to surgical revision of scars, to compensation for any degree of permanent disability resulting from your workplace injury or illness, to permanent total disability, loss of use of a limb or just settling or resolving your claim
The law firm of Taubman Law in Cleveland, Ohio, offers a free consultation on workers' compensation benefits for anyone who suffers an on-the-job injury, occupational disease, substantial aggravation of a pre-existing medical condition or just want to discuss the status of their old inactive claim.
Types of Workers' Compensation Benefits
For information about workers' compensation benefits, contact us to arrange a free consultation.
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[accordion_item parent_id="my-accordion" title="Do I Need a Lawyer?"]
The worker's compensation system in Ohio is an adversarial system - that is, one in which the parties oppose one another. The injured worker's concern is to receive all the benefits to which he or she is entitled to; such as payment of present and future medical bills, lost wages from work, and awards for any permanent injury. Employers are generally concerned about minimizing those benefits in order to reduce their premiums. The Ohio Bureau of Workers' Compensation (BWC) is also interested in saving money, which unfortunately can result in the system using its vast resources to closely scrutinize your claim for benefits.
In addition, if your employer is self insured (Usually employers with over 500 employees), they have elected not to pay premiums to the state fund and cover all claims. dollar for dollar. Needless to say they fight like hell to avoid paying.
Because of the adversarial nature of the worker's compensation system, it is important for you to know your rights and benefits within this system. It is far better to have these rights explained to you by an attorney who is focused on your best interests, instead of relying upon the BWC or the employer's representative to explain these rights to you. It is the role of your legal representative to be your advocate and aid you in successfully filing a claim through this complicated Workers' Compensation system. If you think you would benefit from this assistance, contact Taubman Law for a free consultation. Also, if you need help to determine if you have a case or if you are not sure what to do, contact Taubman Law. This consultation is free and without obligation.[/accordion_item]
[accordion_item parent_id="my-accordion" title="When do I File a Workers' Compensation Claim?"] In general, it is a good idea to file a workers' compensation claim for any work-related injury, no matter how small. An injury that you may consider insignificant now could become much worse. Unfortunately, it may be too late to file a claim if the injury does worsen much later and you have not previously filed a workers' compensation claim. If you have filed, you will be covered. [/accordion_item]
[accordion_item parent_id="my-accordion" title="What Physician do I have to see?"]When you are injured at work, your employer cannot force you to go to the "company doctor" for treatment. However, an employer does have the right to require a drug test following a work-related injury. An employer also has the right to schedule an independent medical examination (IME). The employer must comply with Ohio law and provide adequate notice prior to the scheduled IME. If your employer or the BWC has scheduled you for an IME, it is advisable for you to seek legal representation immediately.
In Ohio, injured workers have the right to choose their medical providers. However, such providers must be certified by the Ohio Bureau of Workers' Compensation (BWC) and be willing to accept payment through the Ohio worker's compensation system. But be careful, three visits constitute an election of a physician. After that you will need to file a form requesting permission to change physicians.
If you are having a difficult time locating a physician willing to treat your worker's compensation injury or if you have been scheduled for an IME, contact Taubman Law for a free consultation. If you need help to determine if you have a case or if you are not sure what to do, contact Taubman Law. This consultation is free and without obligation.[/accordion_item]
[accordion_item parent_id="my-accordion" title="How And When Do I Settle My Workers' Compensation Claim?"]
This varies from case to case, a few of examples of when settlement is a viable option occurs when:
There are also a variety of circumstances in which settlement may not be appropriate. Remember, a settlement is full and final, which means that once the claim is settled you are no longer eligible for any compensation or medical benefits from your workers' compensation claim.
If you have an existing workers' compensation claim and you are considering settlement, please contact us for a free consultation to help you identify the pros and cons of your specific situation.
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[accordion_item parent_id="my-accordion" title="Do I Have a Personal Injury Case in Addition to a Workers' Comp Claim?"]
In exchange for workers' compensation, injured workers generally do not have the right to sue their employers. However, there are times when an injured worker can obtain additional compensation by filing a personal injury lawsuit in addition to a workers' compensation claim. For example, a police officer responding to a call in injured by the negligence of a third party driving an automobile.
If you have been injured at work, the lawyers at Taubman Law offer a free consultation to evaluate your case and determine if you have additional claims. We represent injured workers throughout Ohio.
Workers' compensation laws protect employers against lawsuits from injured employees except in cases of intentional torts. However, those laws don't protect parties other than your employer. There are many cases where a worker injury is caused by a third party (someone other than you or your employer):
For example, if your employer removes a safety guard from a machine or deliberately withholds information about a workplace hazard and you are injured as a result, you can file an intentional tort lawsuit against your employer.
You can also receive additional workers' compensation benefits if your employer violates a specific workplace safety requirement (VSSR) established by law or by the Bureau of Workers' Compensation. For more information about workers' compensation, third-party claims, and potential lawsuits contact us to arrange a free consultation.[/accordion_item]
[accordion_item parent_id="my-accordion" title="What Is The Hidden Value In Older Workers' Compensation Cases?"] If you have an older workers' compensation claim in Ohio for which you are no longer receiving significant benefits, you may be able to settle that claim for a cash payment. Old workers' compensation claims have value in Ohio, which wasn't the case in the past.
The state of Ohio is now trying to settle older workers' compensation claims. At Taubman Law, we have settled hundreds of these old claims. Contact us for a no cost evaluation.
Even if you are no longer receiving benefits for your past claim, it still represents a liability to the workers' compensation fund. As a result, the state is now offering fast-track settlements to reduce its inventory of old claims.
Every workers' compensation claim has an expiration date under Ohio's statute of limitations. That expiration date may be anywhere from two years to ten years depending on the facts of your case and date of your injury. The statute of limitations law is complicated, and our lawyers offer a free initial consultation to determine the expiration date that applies to your claim.[/accordion_item]
[accordion_item parent_id="my-accordion" title="What Happens When Your Claim Is Denied?"]Workers' compensation claims can be denied for reasons that have nothing to do with whether or not you have a legitimate injury or occupational disease. At Taubman Law we have helped thousands of workers obtain benefits after their initial workers' compensation claim was denied.
If your claim was denied, you have a potential of three hearings after an appeal from the order denying your claim was done:
Athrough the process, you could end up losing your case.
One of the most common causes of claim denial is a lack of proper medical documentation. If you are injured at work and go to a company doctor, you may not even be aware that a claim has been filed. The medical provider may have filed the claim on your behalf in order to be paid for the medical bills.
Once your claim is filed, you have a limited amount of time to provide medical information to the Ohio Bureau of Workers' Compensation. If the bureau does not receive this documentation within 17 days, they will send you a letter saying your claim was denied for lack of medical documentation.
Another reason why claims are often denied is a misclassification of your injury. For example, you may file a claim for a sprained MCL that turns out to be a ACL injury. At this point, your claim needs to be amended
After you receive a letter denying your claim, you have 14 days to appeal the decision. At this point, you should immediately contact an attorney to protect your rights.
Your employer won't look out for your best interests. In fact, they can - and often do - actively participate against you. The Bureau of Workers' Compensation is basically an administrative body that does its best to follow the rules. The only person who will advocate for your position is your lawyer.[/accordion_item]
[accordion_item parent_id="my-accordion" title="What Are Industrial Commission Hearings?"]
Appealing a Denied Workers' Comp Claim
After the Bureau of Workers' Compensation (BWC) says no, you still have an opportunity to appeal a denied workers' compensation claim. The Industrial Commission of Ohio has offices throughout the state that make decisions on appealed claims.
At Taubman Law, we have represented injured workers in thousands of hearings before the industrial commission. We offer a free initial consultation to evaluate your case and explain how these hearings work.
Any party involved in a workers' comp claim - the employee, the employer or the BWC - can appeal the case to the Industrial Commission. At this point, your workers' compensation claim becomes contested over your right to participate in the state fund. Your case will be heard by a trained hearing officer.
You can expect that your employer and the BWC, guided by their legal counsel, will testify against you at this hearing. To even the playing field, you need an experienced attorney representing your interests.
Workers' compensation is a complex body of law that has been interpreted over the years by many court rulings. Only an experienced workers' comp lawyer has the knowledge it takes to successfully advocate for your position.
To appeal a denied workers' comp claim before the Industrial Commission of Ohio, contact us to arrange a free consultation.
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[accordion_item parent_id="my-accordion" title="My Employer Is Self Insured, What Do I Do?"]
Self insured are employers in Ohio who have more than 500 employees and have elected to be self-insured rather than state-funded. They make this choice because they have decided it's cheaper to administer their own workers' compensation program than pay premiums to the state. They must follow the same rules and regulation as the small state-funded employers. However, because your compensation is coming directly from their pockets they contest these claims vigorously and argue against most everything.
At the law firm of Taubman Law, we represent the rights of injured and disabled workers against self-insured employers. We offer a free consultation to discuss your rights and options.
Even though your employer is self-insured (meaning that it opts out of the state workers' compensation fund and pays its own claims) you have the same rights as other injured workers in Ohio:
If your employer doesn't have workers' comp coverage on the day you are injured, the state of Ohio will pay your claim and the attorney general will go after your employer for reimbursement. The state of Ohio considers the employer a non-compliant employer, but that does not impact your rights in any way. However, you still need an attorney to pursue your claim just as if the employees was covered. The only difference is once the claim is properly recognized, benefits come from a different fund.
If your employer goes bankrupt, the state of Ohio will step in as the guarantor of your payments.
If you work for a self-insured employer and were injured on the job, contact Taubman Law.
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[accordion_item parent_id="my-accordion" title="I'm a Public Employee. What do I do?"]Anyone who works for a public employer, like a city or municipal school district has the same rights to file a workers' compensation claim and the same benefits and protection as any other worker.
If you've been injured, you may be entitled to lost detail pay, lost overtime pay and compensation for pain, suffering, scarring and/or other losses, if your injury involves one of the following:
At Taubman Law we have represented hundreds of cops, firefighters and EMTS from different cities including but not limited to Shaker Heights, Beachwood, University Heights, Parma, Parma Heights, Cleveland, CMHA Authority, RTA Transit officers, Columbus, correction officers. If you were injured while on duty or even responding while off duty you're entitled to compensation. Contact one of trained lawyers to arrange a no fee consultation.
Police officers who retire under the Police & Fire Disability Pension Fund are generally eligible for all forms of workers' compensation in addition to their Police and Fire benefits. Likewise, non-police City of Columbus employees who retire under the Public Employees Retirement System ("OPERS" or "PERS") are still eligible for workers' compensation benefits. The same applies to Ohio state troopers and deputy sheriffs. Individuals who receive Social Security Disability benefits are entitled to also receive workers' compensation benefits. However, the Social Security Administration does calculate an offset of benefits when the claimant concurently receives workers' compensation.[/accordion_item]
[accordion_item parent_id="my-accordion" title="Retaliation For Filing a Claim"]Ohio Revised Code Section 4123.90 provides that no employer shall harass, demote or discharge an injured worker because they filed or pursued a claim. If this happened to you, call immediately as there is a very short 90 day statute of limitations to give your employer notice.
The worker's compensation system in Ohio is an adversarial system - that is, one in which the parties oppose one another. The injured worker's concern is to receive all the benefits to which he or she is entitled to; such as payment of present and future medical bills, lost wages from work, and awards for any permanent injury. Employers are generally concerned about minimizing those benefits in order to reduce their premiums. The Ohio Bureau of Workers' Compensation (BWC) is also interested in saving money, which unfortunately can result in the system using its vast resources to closely scrutinize your claim for benefits. In addition, if your employer is self insured (Usually employers with over 500 employees), they have elected not to pay premiums to the state fund and cover all claims. dollar for dollar. Needless to say they fight like hell to avoid paying.
Because of the adversarial nature of the worker's compensation system, it is important for you to know your rights and benefits within this system. It is far better to have these rights explained to you by an attorney who is focused on your best interests, instead of relying upon the BWC or the employer's representative to explain these rights to you. It is the role of your legal representative to be your advocate and aid you in successfully filing a claim through this complicated Workers' Compensation system. If you think you would benefit from this assistance, contact Taubman Law for a free consultation. Also, if you need help to determine if you have a case or if you are not sure what to do, contact Taubman Law. This consultation is free and without obligation.
Many workers don't understand what benefits they are entitled to if they are injured on the job or suffer an occupational disease. In addition to paying your medical bills, Ohio workers' compensation provides many other types of benefits ranging from wage replacement, to surgical revision of scars, to compensation for any degree of permanent disability resulting from your workplace injury or illness, to permanent total disability, loss of use of a limb or just settling or resolving your claim
The law firm of Taubman Law in Cleveland, Ohio, offers a free consultation on workers' compensation benefits for anyone who suffers an on-the-job injury, occupational disease, substantial aggravation of a pre-existing medical condition or just want to discuss the status of their old inactive claim
For information about workers' compensation benefits, contact us to arrange a free consultation.
With the help of a Lawyer, your claim should never cease to exist. At Taubman Law we constantly check your claim, we look to file increases on your behalf and get your claim additionally allowed for conditions that are newly discovered. In addition, we can always pursue a lump sum settlement on your behalf.
Do you have a 2006 Workers’ Compensation Claim? If so and you need extra cash, this is the year that does not require your employer’s signature to settle your claim if you are no longer employed there. All claims prior to 2006 can be settled in this way. Remember, a workers’ compensation claim stays in the employer’s experience for only five (5) years.
January 1, 2012, all 2007 workers’ compensation will be out of the employer’s experience and can be processed the same way.
Bruce Taubman has settled hundreds of worker’s compensation settlements both with self-insured and state-funded employees. In his 35 years of practicing workers’ compensation law in Ohio, Bruce has obtained the ability to properly assess your claim for its full potential and knows how to negotiate with parties in order to obtain that value. Bruce has spoken about workers’ rights on the radio, in classrooms and has made workers’ comp law in Ohio.
Recent Taubman Law 2011 settlements include a $58,000 state-funded claim that was allowed for lumbroscaral sprain and herniated disc at L5-S1 level and a $20,000 state-funded claim for a partially amputated right thumb. In these settlements the people have exhausted all benefits before we pursued settlement.
At Taubman Law, we not only settle all types of claims, but we have been able to successfully keep claims open and active for over 25 years. Keeping claims active allows the claimant to receive the treatment necessary to become healthy, allows additional conditions that occur due to the previously allowed injuries, receive permanent partial disability (PPD) over multiple years and eventually increase the settlement value of his or her claim. Being able to properly work a claim is an art; Bruce has perfected this over the years.
We offer free consultation and assessment of all your claims. Contact us to assess your claim.
At Taubman Law we have represented hundreds of cops, firefighters and EMTS from different cities including but not limited to Shaker Heights, Beachwood, University Heights, Parma, Parma Heights, Cleveland, CMHA Authority, RTA Transit officers, Columbus, correction officers. If you were injured while on duty or even responding while off duty you're entitled to compensation. Contact one of trained lawyers to arrange a no fee consultation.
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[accordion_item parent_id="my-accordion" title="What is Employer Experience?"]
Experience is the time in which a workers compensation stays within an employers risk and costs them money. Usually it is much easier to settle out a workers compensation claim in Ohio when the claim is out of an employers experience.
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[accordion_item parent_id="my-accordion" title="I got a 2nd degree burns at work, Can I sue my employer in Ohio?"]
Hi, unfortunately it is really tough to sue your employer in Ohio minus an intentional tort. An intentional tort for this purpose would mean that employer intended that you got burned, mentioned they wanted you burnt, they must have malice so minus them wanting to get you hurt you can’t sue. The other option to sue your employer in Ohio while filing a workers’ compensation in Ohio would be deliberate removal of a safety device with intent or knowledge to hurt. So minus these two things one cannot sue an employer for a work related injury. Feel free to contact us if you want to discuss in more detail.
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[accordion_item parent_id="my-accordion" title="I'm an injured public servant, can I file for Workers' Compensation Ohio?"]
The BWC in Ohio covers injured civil servant employees such as police man, firefighters and EMS employees. They are public employees and each city has workers compensation coverage we have and currently represent many public employees ranging from maintenance workers to cops from all the major cities in and around Cleveland. In fact checkout our most recent case about an injured Cleveland Firefighter Mr. D here.
At Taubman Law we have represented hundreds of cops, firefighters and EMTS from different cities including but not limited to Shaker Heights, Beachwood, University Heights, Parma, Parma Heights, Cleveland, CMHA Authority, RTA Transit officers, Columbus, correction officers. If you were injured while on duty or even responding while off duty you’re entitled to compensation. Contact one of trained lawyers to arrange a no fee consultation.
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[accordion_item parent_id="my-accordion" title="Can you get a claim allowed for a psychological disability in Ohio?"]
The Ohio BWC recognizes certain claims for major depression if and only if there is a contemporaneous physical impact and the depression is adequately supported by a psychologist or psychiatrist. It also helps to have an experienced lawyer who knows how to properly handle workers’ compensation claims in Ohio, like Bruce Taubman.
This can be allowed. For a substantial aggravation of a psychological condition one must have collaborating medical evidence and a physical injury. This is where an experienced workers’ compensation attorney would be helpful
At Taubman Law we have amended hundreds of claim to include a physchilogical disorder such has depression when the facts warrant it. Contact one of trained lawyers to review your claim.
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[accordion_item parent_id="my-accordion" title="Can you sue your employer because of your workplace injury?"]
Wrongful intentional acts, known as intentional torts, permit you to sue your employer if a substantial certainty exists that injury will occur. The failure of your employer to address safety violations, provide safety precautions or warn you of known toxic or hazardous substances, are potential examples of this.
If an employer hurts an employee on purpose, like during a heated argument, Ohio allows the employee to file a personal injury lawsuit.
Third-Party Claims
If your injury was caused not by your employer or a fellow employee, but by a third party like a contractor, subcontractor, or on-site engineer, you may be able to file a personal injury lawsuit. Third-party claims also apply when someone is injured by a third party while driving a company car.
In a personal injury case, an injured worker is entitled to recover all of his or her medical bills and lost wages. In addition, the worker can be compensated for pain and suffering.
When you need a lawyer for workers comp, you can consult with our respected legal team. We are experts in workplace injuries and understand the full range of legal options available to you.
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[accordion_item parent_id="my-accordion" title="How to Navigate the Ohio Workers’ Comp system"]
WOhio’s workers’ compensation system may seem intimidating and difficult to navigate, but with the right tools and a helping hand from Taubman Law, we can help you understand the process
When confronting a work-related injury, it may seem impossible to remember all of the steps to successfully submitting a claim that will ensure you all of the benefits you are entitled to. The worst possible scenario is being injured with no help. One of the benefits that the Bureau of Workers’ Compensation (BWC) provides is helping you focus on recovery without worrying about medical expenses or wage loss.
One of the first things you must do as soon as injury occurs is to file a claim with BWC. If you are not in the position to do so, there are several individuals that are able to help you. It is crucial to notify your employer about your injury and they can file a claim for you. One of your authorized representatives or designees, such as an attorney or a family member can also help you file a claim. Additionally, when you are receiving medical care, your medical provider or a Managed Care Organization (MCO) can help you file a claim.
If you are injured at work, it is possible to receive wage loss benefits. Should your claim be allowed, workers’ compensation typically covers medical expenses and some sort of wage loss benefit. Depending on the duration of your injury and recovery time, you may be eligible for Total Temporary Disability (TTD).
If your claim is allowed by the BWC, an Ohio workers’ compensation claim can stay open for any duration, including up to 10 years or more — depending on the case and the time of the injury. As soon as the claim has expired, medical benefits and wage loss compensation cannot be paid. Claims can be extended and kept open by filing for Permanent Partial Disability (PPD). This can extend the claim’s life for 5-10 more years depending on when the original injury occurred. The PPD can also compensate for any residual impairments and activate an inactive claim. Medical treatment also extends the life of a workers’ compensation claim.
You are not alone in this process. At Taubman Law we will help you determine exactly what you deserve from the workers’ compensation system. We can look at your claim and help you take the steps to extend it or reactivate it if necessary. We have your best interests in mind and we will help you with every step of the process.
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Bruce Taubman and Taubman Law were wonderful and on the spot to help me with my case. I never would have had my surgeries and therapies had they not been handling my case and helping me. In the end the settlement was wonderful and I thank them. Checkout the great work Bruce Taubman did for Margaret!
Margaret, Cleveland, Ohio