Are you unsure if you should file a workers comp claim for your work injury in Ohio?  The clock is ticking.  There are time limits.  A person hurt on the job has 2 years to file a workers compensation claim.  This is called a statue of limitations. 

Do not wait 2 years to report an injury or file a claim.  If you wait, you can be shut out from future benefits, medical treatment and even financial compensation.

If you have questions about your injury, filing a claim, and the time limits involved, call an experienced workers comp attorney for a free consultation. 

Injured Workers often have many medical bills related to their injury.  Medical providers have 1 year to submit bills to the Ohio Bureau of Workers' Compensation (BWC).  Medical services may include your workers comp doctor office visits, emergency room visit, x-ray, MRI or even physical therapy.  If the doctor or ER fail to submit the bills within one year, the medical bill will not be paid.  Unfortunately, some doctors and hospital systems will then send the medical bill to collections.  

When a person is hurt at work, they have enough stress and problems.  Having medical bills years after the work place injury is extremely frustrating.  Sometimes, a car accident or private medical insurance may be part of the payment.  It is best to submit all medical bills to the Ohio BWC to ensure you are covered in the future.

Speaking to an experienced Ohio Workers' Comp attorney can help alleviate medical bill authorization and collection issues.

Ohio BWC Request for Medical Services (C-9)

Just about every injured Ohioan has, had or will have a horrid experience with an Independent Medical Examiner.  Whether the IME doctor is hired by the Bureau of Workers Compensation (BWC), Industrial Commission (IC), self-insured employer or employer there is a reason they chose particular doctors.  These doctors have made a fortune from preforming exams for the highest bidder. 

Many of these doctors lack the specialty and experience required to perform the examinations.   Many have not practiced medicine for several years, if at ever.  They often schedule their exams at other medical or chiropractic offices as they do not have an office of their own.  Beware if you show up for your exam and there is a handwritten sign taped up at the entrance of the office.

This does not apply to all IME doctors.  There are plenty of impartial, credible IME docs that can be trusted, but they’re often difficult to pick out among the loads of partial examiners. 

When you attend your IME, realize that these doctors are not your friend and they are not there to help you.  They are being hired and paid by someone (the BWC, the IC or your employer) who does not want you to receive the medical treatment or compensation you have requested.  Be honest with the IME doc, but realize that they likely will not be honest with you.

Not all injuries that occur at work are considered workers comp injuries and allowed by the Bureau of Workers' Compensation.  Slip and Fall or Trip and Fall at work is an example of an accident that may or may not be a workers comp claim.  In order to successfully pursue a claim as a result of a slip and fall, an injured worker must prove that the fall was caused by the work environment.  For example, if you are simply walking through a hallway and fall, this may not an allowable work injury.  However, if you are walking down a hallway and slip on a wet floor, this may be a workers comp injury that can be approved by the Ohio BWC.  Speaking to an experienced workers comp attorney is a very important step in the process.  The Ohio BWC system is complex and you do not want to pursue a claim without an attorney.

The Medicare Secondary Payer Act (MSPA) requires every injured worker eligible for medicare (or will be in the next 30 months) to protect Medicares' interest when settling a workers compensation claim.   The MSPA has resulted it many hurdles to settling workers comp claims here in Ohio.  Historically the BWC has taken an overly burdensome position when it comes to "protecting Medicare's interests".  

The Ohio BWC administrator (Stephen Buehrer) announced on Monday November 5 that the BWC has re evaluated their policy and in attempt to not allow the MSPA to hinder settlement and outlined their new policy going forward.  Hopefully these changes will help injured Ohioans attain the compensation that they deserve.

For more information, contact an experienced workers comp attorney to find out how this may affect your comp claim.

TEMPORARY TOTAL DISABILITY (TTD)

TTD is the compensation payable when an injured worker is not able to work due to the allowed conditions in their claim. TTD is requested when the physician of record (POR) completes a C84. Once a period of temporary total disability has been authorized, it will generally continue as long a the POR continues to complete C84's.

TTD will end when:

1. The POR releases an injured worker to full duty
2. The injured worker actually returns to work or
3. the injured worker is found Maximum Medical Improvement (MMI).
   

HOW IS TEMPORARY TOTAL PAID?

TTD is paid at 72% of the Full Weekly Wage (FWW) for the first twelve (12) weeks of compensation. The FWW is based upon the average over all earnings for six (6) weeks prior to the date of injury. After the first twelve (12) TTD is paid at 66 2/3% of the Average Weekly Wage (AWW). The AWW is based upon the average over all earnings for one (1) year prior to the date of injury.