Experienced Cincinnati Workers' Comp Lawyer
Experienced Workers' Comp Attorney
Mark L. Newman, Attorney at Law, takes workers’ compensation cases of all sorts. He will help you pursue the benefits you need while you focus on recovering from your injury.
If you have already tried to get workers’ compensation benefits on your own and haven’t been successful, Mark can offer experienced advice and advocacy. He has helped many people like you to get approval or successfully appeal their workers’ compensation claims.
Workers Compensation Attorneys Ohio
In Ohio, workers’ compensation laws provide monetary awards to employees who have sustained injuries on the job and benefits to dependents of those who are killed due to work-related accidents or illnesses. When an on-the-job injury prevents you from returning to work, seek legal representation from a Cincinnati workers’ comp lawyer who deals frequently with the Ohio workers’ compensation laws.
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Ohio Workers' Compensation Settlement Process
If your workers’ comp claim is accepted by the Ohio Bureau of Workers’ Compensation, you may be entitled to some, if not all of the benefits Ohio law provides.
If you settle your workers’ compensation claim, you have the option to do so through a lump sum award.
Although there are good reasons to pursue a settlement, you should be aware that doing so relinquishes some of your rights. If you settle, you are giving up any rights to further benefits through the Ohio Bureau of Workers’ Compensation for the injuries which are a part of the claim that is settled. You do this in exchange for an agreed-upon “settled” amount of money.
In general, once this happens, signing the agreement forfeits all rights and other benefits relating to this injury, specifically.
Cincinnati Workers’ Comp Attorney FAQs
An injury in the workplace can be a financial setback. You may suddenly be faced with sizable medical expenses, and if you are unable to work, simply paying your bills could prove difficult. Fortunately, workers’ compensation benefits can help you defray these costs. Attorney Mark L. Newman regularly works with Cincinnati individuals as they file claims for their work-related injuries.
Below are some frequently asked questions about workers’ compensation:
What is Workers' Compensation?
Workers' compensation is a state-mandated program that provides compensation to employees who have suffered job-related injuries and illnesses.
Do I Need a Workers' Comp Lawyer in Ohio?
If your job has left you injured of sick, the long-term financial impact could be devastating to you and your family. Worker's compensation is in place to help injured workers get through these difficult times. The assistance of a Cincinnati workers' comp lawyer will ensure that you have access to the benefits you need.
What Should I Do if I'm Injured at Work?
If you are injured at work, here are the steps to follow:
- Report the injury to your supervisor or a representative of your employer.
- Complete a written accident report.
- You should get medical treatment immediately.
- Tell the doctor how you were injured and that the injury occurred at work. (You can receive medical treatment from a doctor of your choice as long as the doctor is an Ohio Bureau of Workers’ Compensation (BWC), certified provider.)
How Do I File a Workers' Comp Claim?
A worker’s compensation claim is filed by completing a First Report of Injury (FROI) and filing with the Ohio Bureau of Workers’ Compensation or with your Managed Care Organization. You can also file a claim online at info.bwc.ohio.gov. An injured worker, employer, medical provider, managed care organization, or attorney can file a First Report of Injury. Once the FROI is filed, the BWC will assign you a claim number and investigate the claim. Beginning on September 29, 2017, injured workers must file a claim within one year of the date of injury.
How Do I Know if I Have a Workers' Comp Claim?
If you received an injury in the course or arising out of your employment, you should have a workers' comp claim.
Your best option is to contact a Cincinnati workers' comp attorney to determine whether or not you have a workers' comp claim.
How Long Does it Take to Process a Workers' Comp Claim in Cincinnati?
The Ohio BWC makes initial decisions to allow or deny a workers’ compensation claim. A BWC claims specialist will contact you and the employer to discuss your claim. The BWC will also request medical records from the medical providers who treated you for your work injury. The BWC is required to issue a written decision either allowing or denying your claim within 28 days.
How Does the Ohio Workers' Comp Appeal Process Work?
Once you receive the BWC decision, you have 14 days to file an appeal and request a hearing before a District Hearing Officer of the Industrial Commission. A DHO hearing will be scheduled within 45 days of filing the appeal. The District Hearing Officer will issue a written decision within seven days and send a copy to the injured worker, employer, BWC and the attorneys for all parties. Once you receive the District Hearing Officer’s decision, you have 14 days to file an appeal and request a second hearing before a Staff Hearing Officer of the Industrial Commission. A hearing before a Staff Hearing Officer will be scheduled within 45 days of filing the appeal to the District Hearing Officer’s decision. If you disagree with the Staff Hearing Officer’s decision, you have 14 days to file an appeal to the full Industrial Commission. After reviewing the facts of the appeal, the Industrial Commission will issue a decision either agreeing or refusing to hear the appeal. In some cases, either party may file an appeal in Common Pleas Court to contest the Industrial Commission decision. A Notice of Appeal must be filed in Common Pleas Court within 60 days of receipt of the Industrial Commission order.
What Should I Expect at an Industrial Commission Hearing?
A hearing before the Industrial Commission is informal and takes place in a small hearing room with only a few people present. A hearing can last from a few minutes to 30 minutes depending on the issue. There are two levels of hearing: District Hearing Officer and Staff Hearing Officer. The types of issues presented before the Industrial Commission include disputes regarding:
- Initial allowance of the claim
- Additional allowance requests
- Medical treatment requests
- Temporary total compensation
- Permanent partial disability compensation
Because this is an administrative hearing the formal rules of evidence do not apply. Both parties and their representatives will have an opportunity to present their position and present medical evidence. It is important to understand the issue so you are properly prepared for the hearing. Attorney Mark L. Newman can help you prepare for your Industrial Commission hearing.
How Much Does Workers' Comp Pay for Medial Bills?
Once your claim is allowed, all of your medical providers who have treated you for your work injury should submit their bills to the Managed Care Organization. The MCO reviews the bills and forward the bills to the BWC for payment. If you receive a medical bill, you should advise your medical provider that the treatment was for a work injury and ask them to send the bill to the MCO. The name, address and phone number of your MCO is printed on your injured worker ID card sent to you by the Ohio BWC.
Does Workmans' Comp Cover Prescriptions?
If the pharmacy submitted the bill to the Pharmacy Benefits Manager (PBM) when dispensing the prescription, you will be reimbursed when the claim is allowed. If you paid cash for your prescription and the bill was not sent to the PBM, you will need your pharmacist to complete a BWC Outpatient Medical Invoice (C-17) to get reimbursed.
What Benefits are Covered Under Workers' Compensation in Ohio?
Your benefits will depend on the extent of your injury and can include the following:
- Payment of medical bills
- Temporary total disability
- Wage loss compensation
- Permanent partial disability
- Permanent total disability
- Lump sum settlement
Why Do I Need a Workers' Compensation Attorney?
Since the worker's comp process is different in Ohio than other states, hiring a workers' compensation attorney who's experienced with these difficult cases can help speed along the process and ensure you're getting everything you're entitled to.
Worker's Comp Benefits in Ohio
Whether you have a serious injury or a relatively minor one, if it prevents you from working, we will help you pursue the full benefits you’re entitled to, which may include:
- Temporary total disability
- Lost wages
- Permanent partial disability
- Permanent total disability
- Amputation/loss of use benefits (hand, fingers, arm, leg, foot, toes, eye/vision and hearing)
- Death benefits
- Awards for safety violations
- Lump sum settlements
Depending on the nature of your injury or occupational disease, a lump-sum settlement might be worth pursuing. There are many factors to consider, including possible future medical costs and your ability to work in the same job. Contact our law firm to learn more about workers’ compensation settlements.
Mark is ready to answer your questions and help you make important decisions. You’ll feel confident in knowing the current status of your claim and when you can expect to receive your benefits.