So you were injured at work and you want to make someone pay? Many people call in with the wrong mindset thinking that they are going to get so much money, and never have to work a job again.  A workers’ comp claim is not a way to get the most money. For someone that was hurt ‘on the job’ a compensation claim is necessary to relieving medical and financial burdens for the time of your injury. It also helps in assisting any bills you may have. Understanding workers comp fully is very important. For people who don’t understand the way workers comp works, are misled in thinking that it is a quick way to make money. This is not accurate and people who sustain a work injury should realize how long of a time they have in front of them until they receive any type of payment.

Worst & Most Severe Injuries Have the Least Payout

For someone who happened to have a “career ending injury”, the outcome is very rough and tedious. On top of a painful, expensive and tragic injury – The injured party has two typical options according to Ohio BWC guidelines:

Option A: 67% of lost wages for up to about 4 years

Option B: A modest lump sum compensation offer for partial disability.

This means that if you have suffered an injury and you cannot return to work, the Ohio BWC will grant you compensation (67% of your wages, un-taxed) for up to 4 years – Nothing beyond that time period.  If you are medically treated and you can return to some form of work (regardless of pay loss or position) you may be offered a small lump settlement.

If you or someone you loved was injured at work, you must seek expert legal help. Contact my offices immediately!

I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful

death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Where to go for Treatment After a Work Injury

After an injury at work, it is important to seek treatment by a BWC certified provider .  This can be confusing with the plethora of options we have today! Understanding the difference now can play a large role in the future.

Different Medical Care Options

• ‘Take Care’ or ‘Minute’ Clinics
• Urgent Care
• Hospital Emergency Room
• Physician Office

Following an injury at work, proper care and diagnosis are critical. Determining the severity of an injury can be incredibly important! If in doubt, call 911 immediately.

Choosing Care for a Work Related Injury in Ohio

As stated in the “Injured Workers’ Pledge of Service” every Ohio worker has the right to prompt medical care, provided by a BWC approved healthcare provider of your choosing.  This is the absolutely first step in selecting medical care following an injury – You must receive care from a BWC Certified provider.

Here are the top 3 questions to ask yourself, and the healthcare provider. In serious injuries or in unsure scenarios, it is best to call 911 to seek emergency medical attention.

Question 1: Does my injury need medical attention?

Question 2: How severe is my injury?

Question 3: Are you a BWC Approved Provider?

If your injury is severe, emergency responders or emergency room workers will be able to provide immediate and necessary care. In other types of injuries, you may be able to go to the ER without transport, or urgent care may be a sufficient place to start.

Why Early Care Matters in a Work Injury

The Ohio BWC requires that every single workers’ compensation claim is filed along with the proper documentation.  Naturally, a large part of that is medical information that comes directly following an injury! The care you choose can truly determine how your case is handled, including the type of injury, what the cause was determined to be, and even proper documentation for time off work.

The best case scenario is to go to an approved BWC Provider within your health network, that can work directly with your primary care physician now and in the future.

If you or someone you loved was injured at work, you must seek expert legal help. Contact my offices immediately!

I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Workers’ Compensation Scope: Do you know what may or may not be covered?

Understanding what is or is not covered under a workers’ compensation claim is very important – Particularly if you or a loved one has suffered an injury!  As a general rule, if your injury resulted from something work related, it would be covered under a workers’ compensation claim. Work related illnesses, such as occupational cancers, can also be covered under Ohio workers’ compensation laws.  Unfortunately, in some complicated situations an injury or illness can be difficult to prove or substantiate, particularly if your employer is less than supportive.

The Rules of Thumb for Workers’ Compensation in Ohio

1. Typically, an injury at work that can be treated successfully with a general first aid kit is not an injury that is eligible for a workers’ compensation claim. This could be cuts, bruises, fall injuries – If it subsides and your injury is able to be treated successfully, then you may not file a claim.  However, it is important to remember that even something that may seem minor now can have serious repercussions down the road!
2. Offsite injuries may also be covered under workers’ compensation claims. For instance, if you are driving from an appointment back to the office, or if you are sent on a work related errand, an injury would be covered.  If you are commuting to or from work, your injury would typically not be covered in the event of an accident or incident. This is known as the ‘Coming and Going Rule” The general rule here is if you are being paid to do what you are doing at the time an injury occurred then it would be covered under workers’ compensation.
3. Illnesses and long term injuries, like carpel tunnel, may also be covered. Occupational illnesses can be covered in instances where a person is continually exposed to toxic chemicals such as if a fire fighter or miner.
4. Mental and psychiatric conditions may also be covered. If you experienced a traumatic event and suffered PTSD – You may be eligible for worker’ compensation benefits.
5. Voluntary events, like fitness challenges or group activities are typically not compensated in the event of an injury.
6. Natural deterioration is not covered – but aggravating an existing or past injury may be covered under Ohio law. This is different for a pre-existing illness and the rule is that a disease will not likely be compensated if it was not contracted as a direct result of employment – aggravating or causing re-occurrence may not be covered.

Overall, it is very important that everyone understands what may or may not be covered in the scope of workers’ compensation.  It is not uncommon for many individuals to have suffered an injury or illness, only to fail to report it because they did not believe it was covered.

If you or a loved one was injured at work, you must contact my offices immediately. Worker’s compensation claims can be incredibly complicated! I will be there to support you, every step of the way.

I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

When Big Fines Aren’t a Deterrent

Recent workers’ compensation fines are making the headlines, but is it really enough?  Unfortunately, every single day in Ohio and across the US, individuals are asked to perform work related duties that have very real dangers.  For many, common sense safety is enough – But unfortunately, accidents do happen! This is exactly why companies are required to have safety measures in place, to prevent tragedies in the first place. Lack of training and proper safety procedures can yield the ultimate price tag. Unfortunately big corporations pay the fines, and go about their day as if nothing happened.  This is unacceptable!

A recent story about a gentleman in Oregon is the perfect example.  An Ohio auto manufacturing company operating an Oregon facility was fined $570,000 as a result of safety violations that led to an employee suffering severe injuries on the job. Due to an unsafe machine, the 46 year old suffered the loss of his hand and partial loss of his arm, changing his life forever.  The simple fix?  Proper guards on the machine for which he was assigned to work.  This company clearly chose profit over safety!

Protecting Your Rights in a Work Related Injury

Every time a person goes to work there is a level of expectation regarding safety.  Sadly this wasn’t the case for the individual mentioned above; his life was forever changed.  The company in Ohio was fined $570,000 and the gentleman likely pursued a workers’ compensation claim for benefits and reparations. Nevertheless, nothing will replace his missing limbs!

Unfortunately, the claims process and injury recovery can be incredibly overwhelming.  If you allow your place of employment to determine the path to your claim and recovered benefits, your path may come up short!  Hiring an expert to navigate the complicated claims and benefits process is essential.

Your workers’ compensation claim for an injury such as loss of limb could include medical care, reconstructive surgeries, therapy, prosthetic, medication, lost wages and more.

If you or a loved one has suffered an injury at work, you must call my office now. The Ohio BWC can be very complicated and confusing. As your Ohio workers’ comp attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.