Frequently Asked Questions

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.

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:

• Sprains and strains
• Serious cuts and abrasions with tendon involvement
• Back and neck injuries such as herniated disks and bulging disks
• Paraplegia and quadriplegia
• Brain and head injuries such as concussion or closed head injury
• Amputation
• Loss of use of a limb
• Pain disorders such as reflex sympathetic dystrophy (RSD) or complex regional pain syndrome (CRPS)
• Psychological illness such as depression or post-traumatic stress syndrome if it results from an injury
• Shoulder injuries such as rotator cuff tear
• Torn medial meniscus or ligaments
• Second- and third-degree burns
• Chemical or smoke inhalation
• Electrical shock
• Substantial aggravation of previous medical condition, whether or not they were originally caused by work. These types of injuries are the most frequently overlooked

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.

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 Illnesses

Examples of occupational diseases may include:

• Lead, mercury, phosphorus or arsenic poisoning
• Poisoning by benzol, gasoline, benzine, naphtha, carbon bisulphide, wood alcohol, carbon dioxide or potassium cyanide
• Infection or skin conditions caused by contact with oils, compounds lubricants, dust, liquids, fumes, gases or vapors
• Brass, zinc, manganese or radium poisoning
• Bursitis
• Ulceration of the skin or nasal passages
• Berylliosis
• Cardiovascular pulmonary or respiratory illness (if you are a firefighter or police officer)
• Silicosis and asbestosis
• Diseases of the respiratory tract caused by exposure to dust
• Carpal tunnel syndrome, tendonitis, tennis elbow, bursitis, Requervains disease
• Anthrax
• Glanders

Protect Your Rights: Free Attorney Consultation

For more information about occupational diseases, contact Taubman Law to arrange a free consultation.

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
• Scheduled 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
• Permanent 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
• Permanent 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.
• Disabled workers’ relief fund (DWRF). This is a supplemental fund that provides a cost-of-living adjustment for workers who receive permanent total disability payments
• Facial disfigurement award. This is an award for workers who suffer visible damage to their face or head
• Wage loss (WL). This is paid if you experience wage loss due to work restrictions
• Working 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
• Nonworking 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.
• Living maintenance wage loss (LMWL). You may receive this benefit if you continue to have physical restrictions after rehabilitation
• Living maintenance (LM). You receive this benefit while you are participating in a rehabilitation plan
• Lump-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.
• Lump-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.

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.

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.

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.

This varies from case to case, a few of examples of when settlement is a viable option occurs when:

• If you have reached a medical plateau when treatment is not helping a settlement is possible
• When a good recovery has been accomplished and there is no need for further treatment
• When you have a number of older but still viable claims
• When it is becoming increasingly difficult to secure further compensation, medical treatment or other benefits
• When the injured worker is contemplating retirement or moving out of state, or is experiencing serious illness or advanced age. Settlement may provide an injured worker with some claim money in all of these situations. Generally, no benefits can be paid to the injured worker’s family after death
• When injured workers who are collecting permanent total disability want to reduce annuity payments to cash
• Cases in court where the issues of what injuries to consider in the claim are contested

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.

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.

When Can I File a Personal Injury Lawsuit for a Workplace Accident?

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):

• Auto accidents occurring on the job
• Injuries caused by trucks and delivery vehicles on the job
• Injuries caused by other contractors or vendors at job sites
• Product liability claims against manufacturers of equipment or chemicals used on the job
• Negligent treatment by Hospital Doctors or other medical care givers after you are injured on the job that enhanced the original injury

If you are injured in an auto accident or by anyone who doesn’t work for your employer, you can seek additional compensation – such as money for pain and suffering – by filing a personal injury lawsuit against the negligent party.

When Can I Sue My 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.

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.

Why Does the State Want To Settle My Claim?

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.

What Is the Statute of Limitations for Workers’ Comp 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.

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:

• At a district hearing with the Industrial Commission of Ohio
• At a hearing before a Staff Hearing Officer
• ACan request a third hearing from the Industrial Commission of Ohio in Columbus.
• AIt’s important to seek legal representation for these hearings. Without a lawyer to guide you

Athrough the process, you could end up losing your case.

Why Was My Workers’ Compensation Claim Denied?

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

What Should I Do if My Workers’ Comp Claim Is Denied?

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.

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.

Your Employer and the BWC Will Be Represented. Will You?

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.

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.

Does Workers’ Comp Work Differently for Me?

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:

• You are entitled to workers’ comp benefits from your employer if you suffer an on-the-job injury or occupational illness
• You are entitled to the same benefits as other Ohio workers
• If your claim is denied, you can appeal that decision to the Industrial Commission of Ohio

What if My Employer Doesn’t Pay My Claim or Goes Bankrupt?

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.

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:

• Cruiser & Motorcycle Accidents
• Stolen MV Pursuits
• Directing Traffic
• Defective Premises
• Snow & Ice
• Road Jobs & Other Details
• Resisting Arrest & Foot Pursuits
• Domestics & Protective Custody
• Dogs: Bites, Chases, etc.
• Injuries During Rescues
• Shootings
• Toxic Substance & Disease At Exposure
• Injury in the class room

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.

Relation of BWC Compensation to Other Disability Retirement Programs

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.

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.