Ohio Workers Compensation Legal Questions

You certainly describe a WC claim. However, depending upon the time sequence, you may have let too much time expire. This is a situation that is very fact specific and you really need to gove over the chronology with a board certified WC specialist (I am board certidied). The issue is how much time has elapsed since the date of injury, dates of the initial treatment, what history/complaints were reported, and when you first sought treatment for your neck.... Read More

On the vacation issue, you need to consult with an employment attorney.  The key will be established, written company policy on the loss of vacation time.  Paid vacation is a "perk" that is not required by law.  You need to consult the company employee handbook. You are certainly entitled to apply for additional compensation for permanent residual impairment from your injury.  Also, the Industrial Commission has a set of specific safety requirements that if violated and the cause of your injury may result in an additional compensation award.  Y ou may wish to consult with a certified workers' comepnsation specialist to discuss your options -- I am certified.... Read More

Go to www.ohiobwc.com and then click on the "EMPLOYER" button.  On the left, click on "FORMS."  Download and complete a Form U-117 and hand carry the completed form to your local BWC office. At the BWC office, ask for "Employer Services" and those folks should be able to take care of the rest -- at least in theory!!! Good luck.... Read More

If you no-show for the deposition, then the attorney will issue a subpoena for you to attend.  If you ignore the subpoena, then you can be held in contempt and a capias/warrant could be issued for you. IMO, you should consult with a local attorney to review all of the pleadings to determine whether there is any potential liability for you. A better question is who owned the house at the time of the incident.  When I had a house built, ownership did not transfer too me until after the house was finished and all inspections were done.  If you did not legally own the house at the time, then you likely have no liability to anyone.... Read More

Lets look at your possible options -- please note that your inquiry was a little difficult to follow: 1.  Workers' Compensation:  If you have filed the claim and the claim has been denied, and if you did not pursue all of your appeals, and if the appeal periods have expired, then your claim is dead and over.  I would need more information about the status of your claim to give you a more definite answer. 2.  Social Security Disability Insurance Benefits (DIB):  Since you were working under-the-table, you likely have not been accruing work credits to qualify for income based disability compensation.  SSA can tell you whether you have enough credits as well as your date last insured (DLI).  Your DIB benefits are available only for disabilities that arose prior to your DLI. 3.  Supplemental Security Income (SSI):  Your earnings record has no bearing on SSI eligibility.  The catch is that your household income must be below 125% of the Federal poverty level.  Thus, if you have a working spouse, you may be disqualified. If you have not already done so, then you should definitely apply for DIB & SSI -- go to www.ssa.gov to do so. If you have applied, then you may be stuck in the system waiting for a hearing.  You may be able to file a dire needs request to try to expedite a hearing.... Read More

No. If you have a claim filed with Ohio BWC, then you can contact the claim representative for status. Your employer has no obligation to help you. You can open an account at www.ohiobwc.com and get direct access to your claim so that you can at least see what is happening. Right now, you are in limbo and if your employer elects to dispute the claim, and he can file an objection for no reason at all, you could be waiting 6-8 weeks or longer. If you feel that you are being jacked around, then you really need to talk to an attorney who is a certified workers' compensation specialist.... Read More

You appear to be describing a permanent partial disability award.  Generally, under the AMA Guides to the Evaluation of Permanent Imapirment, 5th Edition, the conditions you describe would likely warrant a 25-30% whole person impairment rate.  A ball-park figure for this percentage is likely in the $11-12K range and does depend upon your AWW and year of injury. You also have the option to consider a full and final settlement of your claim.  Settlements are premised upon statistical anticipated future claim indemnity and medical.costs. Please note that the more that is paid out on a claim, the lower the potential settlement value. We handle WC claims in Ohio, Kentucky, and Indiana and would be happy to discuss your options with you.... Read More

No, WC primarily covers lost wages, permanent disability, and related medical benefits.  There is no provision to reimburse injured workers for losses such as you describe. WC can pay for broken eyeglasses or modifying cars and houses for handicap accessibility. Even if you were in a work-related motor vehicle accident while operating your own car would still not get you any WV reimbursement for the vehicle damage.... Read More

You can try to characterize the relationship as being an independent contractor/customer relationship -- much like as with the plumber who brings an assistant to your house.  You are not operating a business; in effect, you are a consumer. I would insist that the small business obtain WC coverage and provide you with a copy of the certificate.  The small business not having WC coverage can possibly expose you to liability. If the small business will not comply, then perhaps the "big company" can make a referral.... Read More

I am operating on the premise that your employer is State Funded and pays WC premiums to the Bureau of Workers' Compensation (BWC). In 1995, the law was changed to allow the BWC to delegate medical management of claims to independent 3rd parties called Managed Care Organizations (MCO).  MCOs are for-profit companies and operate under BWC rules.  Some MCOs are better than others.  By BWC rule, MCOs have 10 days to make a decision on a treatment request.  Also by BWC, the request is deemed approved if the MCO does not meet the 10 days or "pends" the request to obtain a medical examination.  Your best bet is to push your doctor to hound the MCO.  You could also call 1-800-OHIO BWC and make a complaint about the MCO to the Ombudsman's Office. I do not recommend calling the MCO yourself -- that is better done by your doctor. If you have an attorney, then your attorney can also call the MCO.... Read More

Your verbal agreement to settle, if accepted by the other side, is binding.  This happens routinely.  Formal settlement papers will be prepared and signed.  You may have a 30 day window to withdraw from the settlement.  Ask your lawyer whether the 30 day cooling off period applies in your case.... Read More

From what you have written, apparently your lawyer felt that your case had more value than did the mediator and the other attorney.  That sometimes happens. You have the option to discharge your attorney and perhaps to dismiss your case, with the right to refile within a year, so that you can seek new counsel. However, if your attorney had put a top value of $10,000 on your case and the other side was offering less, then your case might not be that attractive for a new attorney to take and then have to start from the beginning. Your best option is to meet with your attorney and find out exactly what you would net from whatever amount was offered and then decide if making a change is really cost effective.... Read More

Workers Comp and FMLA are two different laws and have different consequences. FMLA gives you 12 weeks of unpaid leave before your employer can let you go. Many employers will hold a job longer if you are out on workers comp, but in Virginia, they do not have to. It also isn't something you "elect" to use. If you are out of work, they automatically  use your FMLA. The alternate is for them to let you go immediately. Your employer may have a policy that keeps your job open longer than 12 weeks if you are out on workers comp( many large companies it is a year), but that is an individual policy of a company.... Read More