Researchers and government reports make clear that working as a nurse's assistant is among the jobs with the highest reported rates of injury in Ohio and the country. Nursing assistants are hurt three times more often than the average worker, according to the U.S. Bureau of Labor Statistics.
To reduce injuries, advocates for nursing home residents say more must be done to make the job safer for nursing assistants and nurses. They have urged administrators to spend more money on lifts and on training.
At Garson Johnson, we represent many employees of nursing homes that have been injured because they are required to manually lift their patients. This nursing home in Sandusky, Ohio invested in technology that has prevented countless work place injuries. Unfortunately, they are in the minority in the State of Ohio. Injuries to nursing home staff continue to be the highest rate of injury of any occupations in Ohio.
Great question! It is a common question asked to our workers comp attorneys and staff. Many variables affect how much you get paid for workers comp like your wages, overtime, commissions, missed weeks of work within the last year, and other circumstances unique to each individual. Here we try to give you the basics. Remember, to get individual and accurate information for your situation, call us to schedule a meeting or phone consult with an attorney.
How much do I get paid on workers comp in Ohio?
Important things to know about receiving workers comp:
*For more information, visit the BWC website at https://www.bwc.ohio.gov/downloads/blankpdf/temptot.pdf
**The information you obtain on this blog is not intended to be individual legal advice. Every situation may be unique and have exceptions or changes in the calculation. You should consult an attorney for advice regarding your individual situation.
Your attorney recommends filing a C92 to determine a percentage for your permanent partial disability. You attend the doctor’s exam. Great news! The BWC approved and determined the percentage. Congratulations, you’ve been awarded permanent partial disability benefits!
But wait, does this mean your workers’ comp claim is closed? Absolutely Not!
Sometimes when an injured worker received permanent partial disability (PPD) award, they believe this settles or closes the claim. A PPD award does not close a workers’ compensation claim. ***If you want to keep your claim open and active, it is extremely important that you continue to follow up with your physician of record at least once a year after a PPD award is paid.***
ABOUT C92/ PPD:
ABOUT WORKERS’ COMP CLAIM EXPIRATION (STATUTE OF LIMITATIONS)
Are you trying to get medical treatment approved through the Ohio Bureau of Workers' Compensation?
If you have a claim with the Ohio Bureau of Workers' Compensation, you probably already know this is a complex and often confusing system. When you get injured at work, often times the workplace injuries will require treatment. It should be as simple as getting to the doctor and getting the treatment, right? Well, it's not always that easy.
Here are steps to getting treatment approved through the Ohio BWC system for state-funded cases:
(Hopefully, you will be successful with step 1! If not, read more to get the scoop.)
STEP 1: Your Physician of Record (POR) completes a C-9 form and submits it to your employer's Managed Care Organization (MCO).
-If the MCO approves it, congratulation! You can begin treatment!*
STEP 2: If the MCO denies the C-9, your physician or attorney must appeal the denial within 14 days to the Ohio BWC.
-If the BWC approves it, congratulations! You can begin treatment!*
STEP 3: If the BWC denies it, your attorney will appeal to the Industrial Commission for a hearing in front of a District Hearing Officer. (DHO) Don't be intimidated about the actual hearing, read more to learn everything you need to know.
-If the DHO approves the treatment for your workplace injury, congratulations! You can begin treatment!*
STEP 4: If the DHO at Ohio's Industrial Commission denies the recommended medical treatment at a hearing, your attorney will appeal again. This time you will be referred to a Staff Hearing Officer (SHO) at the Industrial Commission. This hearing is much like the hearing at the DHO level.
-If the SHO approves it, congratulations! You can begin treatment!*
STEP 5: If the SHO denies the medial treatment for your workers' comp injury, call your attorney, schedule a phone consult or in office consultation, and discuss the next steps for your claim. Experienced workers' comp attorneys will be able to work with your physician and guide you on the best possible actions moving forward.
When dealing with the Ohio BWC, you are much better positioned and prepared if you have an experienced, strategic and compassionate lawyer on your side. Contact us at Garson Johnson LLC with any questions about your workers comp medical treatment.
*Side Note! Your employer can appeal any approval of treatment during steps 1-3. If this happens, rely on your attorney to help you!
INCREASE CANCER DIAGNOSIS IN FIREFIGHTERS GETS NATIONAL ATTENTION
On Monday October 23, 2017, NBC Nightly News highlighted the “alarming cancer rise among American firefighters.” NBC highlighted a few firefighters and their struggles with blood cancer, tumors in and around the heart, kidney cancer and brain cancer. Many city fire departments are tracking elevated cancer rates. 163 firefighters and EMT’s from Ground Zero have died of cancer.
The news video explained the increase amounts of synthetics, plastics and chemicals will cover a firefighter with dangerous and toxic soot. Because of the increase diagnosis of cancer, many fire stations are taking extra safety precautions like machine washing protective gear and increase rules and protocols about wearing safety masks.
OHIO RECOGNIZES CANCER AS OCCUPATIONAL ILLNESS FOR FIREFIGHTERS
For several years, Ohio State Senator Tom Patton worked vigorously to sponsor this bill and bring it to completion. In January 2017, Ohio Governor John Kasich signed the Michael Louis Palumbo Jr. Act which makes it easier for Ohio firefighters with cancer to receive workers compensation benefits.
This relatively new legislation basically assumes certain types of cancer are occupational illnesses for firefighters performing official duties. Sadly, Captain Palumbo, for whom the bill was named, passed away on May 24, 2017 from an aggressive form of brain cancer.
Local firefighter Michael Louis Palumbo Jr. receives hero’s burial
“As we lay Michael to rest today, his legacy which he left in the fire service will carry on forever,” Lt. Bill Mastroianni of Euclid Fire Department said. “Michael becomes the face of Senate Bill 27, and his determination and selflessness in getting this legislation passed will continue to protect fire fighters and their families against this dreaded occupational and deadly disease for decades to come.”
OHIO BWC INITIATES FIREFIGHTER EXPOSURE GRANT PROGRAM
This month, the Ohio Bureau of Workers’ Compensation recently announced the first 38 fire departments to receive money under the Firefighter Exposure to Environmental Elements Grant Program. This grant provides funding to help purchase safety gear to help protect firefighters from the dangerous and toxic soot.
Fire Departments Awarded First OH Environmental Exposure Grants
"The dangers of fighting a fire do not stop when the flames are extinguished," said BWC Administrator/CEO Sarah Morrison. "The men and women who risk their lives to save ours deserve access to the best equipment and tools that can minimize long-term threats to their health and well-being."
GARSON JOHNSON APPLAUDS OHIO'S EFFORTS
As strong and tireless advocates for injured workers in Ohio, Garson Johnson is pleased the Ohio legislature and the Ohio BWC are making such efforts to provide firefighters with the workers’ compensation benefits they so desperately need when fighting cancer. We also applaud the BWC for working with the fire departments and city employers to help protect these men and women. The Palumbo Act and the Firefighters Grant program are providing increased benefits for this dangerous occupation.
With these two positive changes, we would hope that the General Assembly will see fit someday to expand the “Michael Louis Palumbo Jr. Act” to include other occupations that pose a similar heightened risk to its workers.
If you or a family member is a fire fighter diagnosed with cancer, please contact our attorneys. We want to help you navigate through the BWC process and ensure you receive all the benefits and compensation owed to you.
Governor John Kasich signed House Bill 27 changing 7 areas of Ohio workers' compensation law effective September 29, 2017. Here are the details you should know:
Deadline to File a Claim (Statute of Limitations)
Before 9/29/17:::::24 months (2 years) from Date of Injury (DOI)
After 9/29/17::::::::12 months (1 year) from Date of Injury (DOI)
Prior to September 29, 2017, injured workers had 2 years from the date of injury to file a claim with the Ohio Bureau of Workers Compensation. Now, you must file within 1 year. People in Ohio that are hurt on the job sometimes hesitate to file a workers comp claim for many reasons. With this new change, the employee should not "wait and see" how it goes. They need to file quickly to ensure the injury has been recorded and documented with their employer and Ohio BWC.
Need to file a workers' comp claim? Visit Ohio BWC website to complete a First Report of Injury.
Time to File Appeals
Before 9/29/17::::: Within 60 days from final decision
After 9/29/17:::::::: Within 150 days from final decision
House Bill 27 extends the time period to file a claim from 60 days from final decision of the Industrial Commission to 150 days. However, this only applies if the injured worker or the employer files a notice of intent to settle the claim AND the other party does not object.
To learn more about appeals and the industrial commission, visit Ohio BWC- Basics.
Before 9/29/17:::::Types and amounts of controlled substances did not comply with Code of Federal Regulations
After 9/29/17::::::::Types and amounts of controlled substances COMPLY with Code of Federal Regulations (CFR)
While this is a minor change to the law, it is important that employees know and understand their employers drug and alcohol policy. Many Ohio employers participate in the Drug Free Safety Program offered by the Bureau of Workers' Compensation. In addition, employers can seek to disallow a claim that involves a positive test for alcohol or certain controlled substances.
Did you fail a drug test after a workplace accident? Contact an experienced attorney today to discuss your options.
Permanent Partial Disability Applications
Before 9/29/17::::: Suspends PPD Application if IW Does Not Attend Exam Scheduled by BWC
After 9/29/17:::::::: Provides BWC Right to Dismiss Application Completely
When filing for Permanent Partial Disability (PPD), the injured worker is not always available and/or able to make the scheduled exam. Prior to the new rule, BWC would suspend the application until the injured worker could re-schedule and attend a state medical examination. However, this new rule allows the BWC to completely dismiss the application if the injured worker is a "no-show" or misses the state doctor's examination. Apparently, this change is going to increase BWC ability to operate more efficiently and effectively. That is yet to be determined and very doubtful. However, the new rule will unfairly create a lengthier, more tedious process for the injured worker and his/her attorney causing delays in compensation.
Receiving Workers Compensation Benefits while Incarcerated
Before 9/29/17:::::Dependents awarded workers comp benefits received $ regardless of confinement status
After 9/29/17::::::::Incarcerated dependents cannot receive compensation
For many years, injured workers could not receive any workers' comp benefits while imprisoned. Now, the new rule applies this rule to dependents as well. In some workplace death cases, dependents are awarded compensation also known as death benefits. The revised statute suspends any death benefits paid to a dependent while that dependent is incarcerated.
Waiver of 90 Day Exam
Before 9/29/17::::: Statute required BWC to schedule 90 day exam
After 9/29/17:::::::: Provides BWC right to waive 90 day exam with good cause
When an injured worker received Temporary Total Disability (TT) for 90 days, the BWC was required to schedule a 90 day exam with a state doctor. According to the Ohio BWC website, "This exam addresses a number of issues, including continuing compensation, return-to-work barriers and potential solutions, the need for further medical treatment or supportive care and the potential for rehabilitation."
After 9/29/17, the HB 27 allows the BWC to waive the 90-day exam for good cause. However, the employer has the right to object, and then the exam will be scheduled.
Calculations of Full Weekly Wage
Before 9/29/17:::::BWC would not pay Temporary Total without wage documentation
After 9/29/17::::::::BWC will set rate at 33 1/3% of statewide average weekly wage
If an injured worker is awarded Temporary Total (TT) benefits due to a workplace injury, the BWC needs wage verification to determine the amount of weekly benefits. The benefits are calculated by determining the injured worker's full weekly wage (FWW). Sometimes, it is difficult and time consuming to collect documents, verify prior earnings and calculate the amount. The new statute allows the BWC to set the FWW at 33 1/3% of statewide average weekly wage. Once the actual FWW is determined, Ohio Revised Code 4123.56(E) allows for the amount to be adjusted.
To learn more about Temporary Total and the calculations visit, Ohio BWC.
This Labor Day weekend, we celebrate the pride and spirit of great men and women who have worked hard to improve the lives of not only their families but this country.
Did you know?
Labor Day was established on June 28, 1894 by an Act of Congress. It honors the American labor movement and the contributions that workers have made to the strength, prosperity, laws and well-being of the country. Read more about the History of Labor Day.
After more than a century of improvement and progress, some Americans still fall victim to unfair payment at work.
Your employer (or past employers) may be violating Fair Labor Standards Act if you are:
Honor Labor Day
This year, honor Labor Day by doing your 2017 True Wage Check-Up.
Find out if you were cheated out of wages, and see how much you may be losing. Complete this detailed form. We will assess and review to find any unpaid wages.
The new rule requires that workers undergo at least 60 days of comprehensive conservative care, including physical therapy, chiropractic care, rest, anti-inflammatories, ice and other nonsurgical remedies, before surgical options are considered.
Researchers found that lumbar fusion surgery patients had less success than non-fusion patients. Fusion patient outcomes also include chronic opioid dependence, increased disability, chronic pain, and additional surgeries.
According to Dr. Richard Deyo, Portland, Oregon:
For the full article visit:
Ohio waiting period for back surgeries, opioids for injured workers seen as best practice
Congratulation Jim DeRoche for being named to the 2017 Super Lawyers List. Attorney DeRoche was named "Top Rated Class Action & Mass Torts Attorney in Cleveland, OH." This prestigious honor recognized Jim for the 7th year in a row.
Jim thrives on legal challenges using his discernible intellect and unique skills to accomplish more and to help more people and businesses. He is passionate about justice.
We are proud to call him one of ours. Thank you, Jim, for being part of the Garson Johnson team.
ABOUT SUPER LAWYERS
Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys. From www.superlawyers.com