Charles E. Boyk Law Offices, LLC
If you were injured within the scope of your employment, there is a time limit for you to file a claim for compensation. Once you have, you could begin to use the workers’ compensation benefits in Bowling Green for your injuries and future needs. However, these claims are at times complex. For that reason alone, you need to work with an attorney who could make sure that you receive the right compensation for your injuries.
The kinds of benefits covered by workers’ compensation in Bowling Green under Ohio and Bowling Green workers’ compensation include:
If workers are able to return to work, but not able to work as many hours as they could before, potentially they could get wage loss for the difference. For example, if they were working 40 hours and now they are on restrictions and only working 20 hours, they could get wage loss or wage differential for the 20 hours that they are not able to work. If they are not able to return to their job, they potentially could get retrained at vocational rehabilitation. If they are not able to work ever again, they potentially could make a claim for permanent total disability. If there is a safety violation, they could make a claim for a violation of a specific safety requirement. Then, if they decide they just want to end their claim, they could make a claim for a lump sum settlement.
To qualify for workers’ compensation benefits, an injured worker has to file the first report of injury and get the claim number. Then, the Bureau of Workers’ Compensation would order the medical records for the initial treatment, do a review, and come up with a conclusion of what conditions the claim should be allowed. If the employer disagrees, they could file an appeal. If the employee disagrees, they could file an appeal. Then, there is a hearing that is held in which both sides could present evidence on any contested issue.
Conditions in which a person would not be entitled to workers’ compensation benefits in Bowling Green include if the person was under the influence of drugs or alcohol, and the hearing officer found that the drugs and/or alcohol were the proximate cause of the injuries. Another would be if the actual claim and injury did not happen during the scope of employment. There are all sorts of specific examples that define what the scope of employment would be. Lastly, a claim has to be filed within two years of the date of the injury. If workers file it outside the two years, it would be a statute of limitations bar to receiving benefits and having a valid claim.
Workers’ compensation applies to a person’s future needs. If they have a valid Ohio workers’ compensation claim, it is going to be allowed for some specific conditions. For example, if they had a serious knee injury, they refused treatment and surgery, five years later they had further problems to a bad knee and their treating doctor could say to a reasonable degree of medical certainty enough to convince the hearing officer, they could get treatment for that allowed condition for the rest of their life. They could get the medical payment if they were off work, because of the allowed conditions five years later. They could get lost wages, potentially, if there were additional conditions that they could link to an initial industrial claim. They could get further amounts of money for a greater permanent partial disability. That claim would follow them for the rest of their life.
Under certain circumstances, a person could receive workers’ compensation at the same time they are receiving unemployment benefits. For example, if they were receiving unemployment benefits, they still could get the medical benefits paid for their workers’ compensation claim. One example would be they had a workers’ compensation claim from 2010 when they worked for company one. Then, they worked for company two, three, or four, and they were downsized from employment from number four, but they are still getting surgery as a result of that 2010 workers’ compensation claim. They still would be able to get the medical benefits paid for the claim that would follow them for the rest of their life.
Workers’ compensation is related to the amount of money a person made. If they were making a claim for temporary total disability, the Bureau of Workers’ Compensation would look back to the prior two years of what their average weekly wage was. For example, if they were making $1,000 a week on average for the prior two years, they would base their temporary total disability at $1,000 a week and they would get a prorated portion of that under the Bureau of Workers’ Compensation. That would be relevant to temporary total disability. It also would be relevant to permanent partial disability, which would be the money for pain and suffering and inconvenience as a result of the claim.
Workers’ compensation benefits in Bowling Green were designed to compensate workers who have been injured within the scope of their employment. However, there are many factors that go into determining the amount of compensation an injured worker needs. Additionally, there could be issues with insurance adjusters for a company. Because of these reasons, it could prove useful to work with an attorney, even if you have yet to suffer an injury, if your line of work is dangerous. Speak to a seasoned attorney today for more information.