Ohio Workers Compensation Legal Questions

 Yes, you should seek the services of a Worker’s Compensation or workplace injury attorney right away. Most charge on a contingency fee basis which means you don’t pay unless  there is a favorable recovery. I suggest you consult your local telephone Yellow Pages to locate an attorney. Good luck. ... Read More

You indicated in your question that your grandfather died after moving to Ohio.  This suggests that he worked in another State.  If I am corect, then you need to consult with an attorney from that State.  Workers' compensation laws vary from state-to-state, and the differences are ofter significant. However, as a general rule, only a surviving spouse and minor children have rights for benefits in work related death claims. As for a "penion," the anaser again depends on the State and the exact terms of the pension contract.  I would still suspect that as grandchildren there is likely no cognizable claim.  You need to get the Plan Document to determine if you have any rights.... Read More

FMLA protects your return to work rights for up to 12 weeks.  If you are going to miss work beyond that period of time, the Employer can ask for medical proof.  The Employer does not have to rely upon the MCO and can ask you directly.  Your failure to comply -- depending upon the existence of writte work rules -- can result in your employment being terminated which could then impact your right to receive temporary total disability compensation. Note that once FMLA expires, your Employer can legally fill your position leaving you with no job to which you can return, effectively terminationg you.  If there is a union collective bargaining agreement in place, this result may be altered. As for the PTO, again you need to look at whether there are any written work rules that address PTO scheduling folowing FMLA.  As longa s the employer is applying the same rule across the board, then a discrimination claim is difficult to prove.... Read More

You need to collect all of the relevant medical, get your doctor to complete a C-30 & MEDCO-14, and the file your claim. The forms can be obtained online at BWC and you can file your claim online on the BWC website.  Once you have a claim number, you can open an account on the BWC site and track your claim. If you want help, then you should seek the service of an attorney who is an OSBA Board Certified Worker's Compensation Specialist.... Read More

No. Workers' Compensation is a statutory no-fault recovery system and benefits are limited to those authorized by the statutory recovery scheme. The statutes do not provide for "pain & suffering." There may be other forms of compensation to which you may be entitled and we could dicuss your options with you.  ... Read More

You voluntary retirement likely precludes ypou from being paid temporary total disability compensation (TTDC).  TTDC is paid to replace lost wages and since you retired, there are no lost wages to be replaced.  This is called work force abandonment.  Your medical will still be paid. If you return to work, then you are eligible for TTDC.  Silly rules, but that is what the Courts have held.... Read More

If a workers' compensation claim was actually filed, you should have received a claim number from either the Ohio Bureau of Workers' Compensation, or through your employer's third party administrator.  If you have not received a claim number, the claim was likely not filed.  You have two years from the date of injury to file the claim, which can be done directly by calling the Ohio BWC at 1-800-OHIO-BWC.  If you have any other questions, please feel free to contact us as 614-224-8166, or toll-free, 800-792-1480.  We are happy to help in any way. Donahey, Defossez & Beausay, Attorneys at Law... Read More

This is a difficult question to answer with the information provided. If you are receiving temporary total disability compensation (TTDC), then retirement could be construed as "workforce abandonment."  The fact of your retirement could be used as a basis to contest further TTDC payments. If you are on permanent total disability compensation (PTD), then retirement is of no consequence. Some forms of retirement, however, might not affect WC payments,  For example, a disability retirement or a retirement that vests at a certain age or a certain number of years of service likely would not affect WC payment. Your question represents one of the most complicated Ohio WC issues and cases often can be found going both ways. The botom line is that there are many variables that come in to play and there is no one definitive answer,  You really need to sit down with a board certified workers' compenation specialist and review your specific fact pattern.... Read More

If you are reciving biweekly compensation for permanet total disability, then the answer is "no." If you have previously received an award for permanent partial disability, then your can submit an application with appropriate medical proof to increase the percentage previously awarded.  If an increase is awarded, then you would be paid based upon the increase only.  For example, if the prior award was 6% and then was increased to 10%, then the payment would be the value of the additional 4%.... Read More

Your question is bit unclear, but I think I get the gist of your inquiry. If you were injured in a work related accident giving rise to a claim against a third party, i.e., you were rearended driving a delivery truck, then if you collect against the third party you have an obligation to reimburse for the WC benefits you have recieved. This is called "subrogation" and is set forth in Ohio Revised Code Sections 4123.93 and 4123.931. Subrogation reimbursement is generally negotiable based upon the amount of your third party recovery.... Read More