Work-related injuries and occupational diseases can be devastating to a worker and their family. If you were injured by the performance of work you are entitled to medical treatment and possibly compensation. The more serious the injury, the more important it is to obtain all the compensation and benefits to which you are rightfully entitled. It is important to promptly report your work-related injury to your employer and seek immediate medical treatment. An employer may not fire, demote, or discriminate against an employee for filing and pursuing a workers’ compensation.
Are you receiving the most compensation?
There a many types of compensation (money) to which an injured worker may be entitled.
You may be entitled to different types of weekly compensation if your injury prevents you from performing your former job.
- Temporary Total Disability when you are unable to perform your job
- Wage Loss Compensation when you are forced to return to a lowering paying job or when you are searching for a job that fits within your physical limitations
- Living Maintenance when you are participating in rehabilitation
- Permanent Total Disability when you are unable to perform all work
- Death benefits to a dependent spouse or family member when a worker dies
Other types of money
You may be entitled to other types of compensation:
- % permanent impairment
- Amputation or loss of use of a body part
- Violation of Safety Violation
Maximum rate of compensation
It is important to determine if you are receiving the maximum rate of compensation. There are ways to increase weekly money if you missed work during the year before you were injured due to health problems, unemployment that is beyond your control, part-time work, or if you are young.
Have you developed a more serious condition than the initial diagnosis? For example, if a low back injury is initially diagnosed as a sprain develops into a herniated disc or arthritis, it is advisable to have the more serious diagnosis allowed to obtain all resulting treatment and compensation. Morgan & Justice can accomplish this important development by obtaining supportive medical evidence, filing motions and attending hearings before the Industrial Commission of Ohio.
Has your original injury caused other (flow-through) conditions? If so, it is important to have your claim additionally allowed for the flow-through diagnoses to obtain resultant treatment and compensation. For example, if a low back injury causes an injured worker’s leg to give-way resulting in a fall breaking their wrist, the claim may be allowed for the broken wrist. Similarly, a claim may be allowed for depression if pain and suffering, and lost income result in depression.
Time limits to file claims and appeals
The law requires an injured worker to file a claim for a work-related injury or death, and for subsequent injuries and compensation within a strict time period. The failure to file a timely request will result in a bar to compensation and treatment. There are different time requirements for the filing of an injury claim, an occupational disease claim, additional conditions and medical treatment. Also, the law required appeals of adverse decisions must be filed within a certain time requirement. Failure to file an appeal in a timely manner will result in the unfavorable decision becoming a permanent order.
If you lost at a hearing, you might be able to correct the adverse decision by appealing the order to the Industrial Commission of Ohio, Court of Common Pleas or Court of Appeals.
Workers' compensation clients are assigned to four legal assistants according to the first letter of their last names:
A-F please speak to TERRI TWuerstl@MorganandJustice.com
G-I please speak to BRITTNEY BChick@MorganandJustice.com
J-M please speak to MELISSA MJustice@MorganandJustice.com
N-Z please speak to YOLANDA YBerry@MorganandJustice.com
OTHER LEGAL CLAIMS
If you are in need of a lawyer to handle legal matters in addition to workers’ compensation and social security, ask Morgan & Justice to refer you to a highly qualified lawyer who specializes in that area of the law. Having practiced law for almost a half a century, we know the best lawyers who specialize in personal injury, medical malpractice, wrongful discharge, divorce, bankruptcy, criminal, civil litigation, product liability and probate.