The Reality of a Work Related Injury 

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 A workers’ comp claim is not a lottery ticket. For an individual that was injured ‘on the job’ a compensation claim is essential to relieving medical and financial burdens for the duration of your injury. When workers’ compensation was originally outlined, the world was a much different place! Rising medical costs, higher costs of living and more physical and emotional demands in our lives have altered the compensation landscape.

The Reality of a Workers’ Compensation Claim

Understanding the basics of a workers’ compensation claim is essential. For those without a clear understanding, it is a common misconception that workers’ compensation claims are ‘scammers’ or ‘get rich quick’ strategies. It could not be further from the truth. For those that have suffered an injury, this is the harsh reality of the long road ahead.

13% Pay Cut (Average)

The Ohio Bureau of Workers’ Compensation pays 67% of your salary, but since that salary under Ohio BWC is not taxed, it is an average of 13% reduction.

  • If you made $40,000 annually, your compensation salary is cut to roughly $26,800

While workers’ comp payments are not subject to tax, there is a wage cap. The maximum benefit in Ohio is $902 per week in 2017.

This is particularly concerning if you or someone you love was injured and they make over $47,000 a year.  This means that regardless if they make $47,000 or $100,000+ the benefit remains the same. Can your cost of living and way of life adjust to that decline in income?

Waiting Periods – Why 14 days is the magic number

In Ohio, 14 days has become the magic number for good reason. If you are injured and miss more than 14 days of work, the clock for compensatory pay goes back to day 1.

If you are injured and miss 13 or less days of work, essentially you forfeit 7 days of compensation because of the 7 day waiting period per the Ohio BWC.

The Worst Injuries have the Worst Compensation

For someone that has suffered an injury that is deemed to be a ‘career ending’ injury, the outcome is very grim. 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.

Hiring an Expert Workers’ Compensation Attorney is Critical

I have over 36 years of experience navigating the Ohio Bureau of Workers’ Compensation and can help you every step of the way.  Your future livelihood, health and financial wellness depend on it.

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 injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

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The Reality of a Work Related Injury 
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The first step to winning any legal case is to know your rights under the law. Too many work related injuries occur where employees cannot gain proper compensation or are forced to work hurt because they cannot afford to miss work. If you have been injured while on the job, call an experienced workers' compensation attorney as soon as possible. I will gladly help you with your workers' comp claim.
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