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.
1)Why 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.
2)What type of Benefits can I receive?
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
- Payment of medical bills for. The state will pay your medical related bills for the life of the claim as long as the treatment is warranted.
- Temporary total disability (TTD). This is paid to a disabled worker for an undetermined period of time to replace lost wages, while he or she is not able to engage in any type of sustained work
- TScheduled loss. This compensation is paid to a worker who suffers an amputation, loss of use of a limb, partial loss of use of fingers or los of vision (20% uncorrected or total loss of hearing
- TPermanent Partial Disability (PPD). This is compensation for a percentage of permanent damage as the result of your injury or illness. This is the closest Ohio’s BWC has to pain and suffering
- TPermanent total disability (PTD). These benefits are payable for life if you suffer a permanent inability to do any type of sustained remunerative employment as a direct result of your allowed conditions in your w/c claim.
- TDisabled workers’ relief fund (DWRF). This is a supplemental fund that provides a cost-of-living adjustment for workers who receive permanent total disability payments
- TFacial disfigurement award. This is an award for workers who suffer visible damage to their face or head
- TWage loss (WL). This is paid if you experience wage loss due to work restrictions
- TWorking wage loss (WWL). This is payable when you return to your job if you experience wage loss due to different job duties, fewer hours or are required to engaged in different work
- TNonworking wage loss (NWWL). This benefit is paid if you are unable to secure employment within your physical restrictions and your doctor has certified you can no longer do the work your formerly did.
- TLiving maintenance wage loss (LMWL). You may receive this benefit if you continue to have physical restrictions after rehabilitation
- TLiving maintenance (LM). You receive this benefit while you are participating in a rehabilitation plan
- TLump-sum settlement (LSS). You can initiate a lump-sum award to settle your workers’ compensation claim based on its potential value. This is a complete closure of your claim.
- TLump-sum advancement (LSA). This is a prepayment of future compensation
Protect Your Rights: Free Attorney Consultation
For information about workers’ compensation benefits, contact us to arrange a free consultation.
3)Time Chart
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.
- Two years from the date of injury to file and obtain a claim # for a workers’ comp injury. One should specify correct body parts injured.
- Two years from the date of exposure or 6 months from the date of diagnosis for an occupational disease whichever is later
- Once a claim # is obtained 6 years to obtain compensation.
- Once compensation is obtained the claim remains open for 10 years from the last payment of compensation. It increases to 10 years from the date of each subsequent payment
- Two years from the date of the discovery of a new condition to get it included in the claim.
- Can go back in time only up to 2 years to obtain temporary total disability (TTD) or payment of medical bills.
4)Settlement
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.
5)Police and Fire Fighter Disability
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.
