Sandusky Personal Injury Lawyer - Workplace Injuries

Toledo, Ohio workers' compensation lawyer on work injuries

Chuck Boyk — Tue, 24 Feb 2009 10:42:00 GMT

Our Ohio workers' compensation attorney Dale Emch discusses Ohio work injuries in his most recent Toledo Blade column, "Legal Briefs." If you or someone you know has been injured on the job, contact our office today for your FREE copy of The Ohio Work Injury Book. General legal questions to be considered in "Legal Briefs" can be sent to Ohio car accident lawyer Dale Emch at demch@charlesboyk-law.com or to 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604.

Dear Dale: Assume someone has a worker's compensation claim with an allowable diagnosis of lumbar radiculopathy along with a psychiatric diagnosis. Can the worker be declared to have reached maximum medical improvement for the back injury and still keep open the psychiatric claim?

Answer: The quick answer is yes.

The worker's compensation system in Ohio is designed to pay for injured workers' medical bills and replace a portion of their wages if the injury renders them unable to work. Sometimes a worker sustains more than one injury and those injuries can resolve at different times.

You referred to maximum medical improvement, which indicates a familiarity with the worker's compensation system. Those folks speak a language that leaves the uninitiated scratching their heads and wondering what was just said. Maximum medical improvement means that the worker's injury is about as good as it's going to get. That doesn't mean the person has completely recovered, just that the doctors believe the person has healed to the extent possible.

Before workers reach maximum medical improvement, they can receive compensation called temporary total disability. (See, it's more lingo. People who spend a lot of time in the worker's compensation world speak in abbreviations like TTD and MMI.) Temporary total disability pays injured workers a portion of their wages while they're recovering. Once they reach maximum medical improvement, workers who haven't fully recovered may be eligible to receive compensation for any permanent injuries.

So, in your scenario, the worker you're speaking about has a back injury and a psychiatric issue related to the workplace accident. If the worker's back has improved to the extent possible - even if recovery isn't 100 percent - that portion of the claim can be resolved. If the accident led to a permanent back problem, the worker would be eligible for a payout based on the percentage of impairment or, if the injury renders the worker unable to gain sustained employment, the worker could receive compensation to replace his or her wages.

A resolution can be reached on the back injury while keeping the psychiatric claim open. If the workplace accident caused psychiatric problems that render the worker unable to work for a period of time, the person could receive temporary total disability. Or, the worker may be able to work, but needs to have any mental health treatment covered.

The worker's compensation system can be confusing at times, but there are resources that provide good information. The state's Web site can get you started. The address is www.ohiobwc.com.

Originally posted at InjuryBoard by Chuck Boyk

What happens if you are in a car accident while on the job?

Chuck Boyk — Mon, 22 Dec 2008 17:06:00 GMT

Ohio workers’ compensation attorney Dale Emch addresses the issue of Ohio car accident work injuries in his Toledo Blade column “Legal Briefs.” Attorney Emch answers general legal questions every other Sunday on topics ranging from Ohio dog bites and wrongful death, to medical malpractice and Ohio ATV accidents. Read his column below.

Dear Dale: If one of our employees is injured in a car accident in a company vehicle while on the job, what can we recoup from the person who caused the accident? If our workers' compensation payments increase, can the person who caused the accident be forced to pay the difference?

You've raised a few points about the degree to which someone who causes a traffic accident might be held financially responsible. To provide answers to your specific questions, it might be helpful to have a more general understanding of how much money the victim of an injury accident can recover.

Generally, the victim in a personal injury accident can recover for all of his financial loss. The injured person can recoup losses for medical bills incurred, lost wages, pain and suffering experienced, and the cost of vehicle repair. In some limited situations, such as when the person who caused the accident was intoxicated, punitive damages may be awarded as a way to punish the driver and set an example to others.

The idea is to make the injured person whole for actual expenses incurred and provide compensation for the pain experienced. The person who caused the accident is responsible for the financial damage caused to the extent the injured person can provide evidence of his injuries. Obviously, these expenses can mount quickly, which is why we're all required under Ohio law to carry liability insurance.

The same concept applies to anyone who experienced a loss as the result of another's negligence. So, if you're an employer and your employee is injured in a company vehicle, the person who caused the injury is financially responsible for the damage to your vehicle. Usually, this is the easy part of an accident claim. If it's clear that one person is responsible for causing the accident, that person's insurance company generally will settle the property damage. You may not always think the compensation offered is fair, but usually you'll get it worked out.

Applying these ideas to your situation, you should be able to recoup any losses caused by damage to your company vehicle. The workers' compensation issue is a lot trickier. In Ohio, employers either pay into a state fund or qualify for self-insured status. It's a no-fault system, which means that generally, regardless of whether the employee causes the injury or if it's somehow caused by the employer's conduct, workers' compensation will provide benefits to the injured worker.

It seems that you're concerned that if one of your employees is injured as the result of a third party's negligence, you'll be stuck paying higher premiums. This may not be the case at all. Your premiums may not budge as a result of the claim, especially if the injury was caused by a third party not related to your company.

If your injured worker brings a personal injury claim against the person who caused the accident, workers' compensation has a right to recoup any money it paid for the workers' comp claim. That recovery is based on a formula that includes such things as the amount recovered, the expenses incurred to secure that recovery, and the attorney's fees. You might get credit for the amount the system recovers on the claim, but I don't think you'd be able to sue the third party for any increase in your premiums.

I don't have enough space in the column to provide a lot of details about the impact to your workers' compensation premiums, but if you think your company may be affected by this type of situation, I'd recommend that you contact the Bureau of Workers' Compensation.

Originally posted at InjuryBoard by Chuck Boyk

Workers' compensation process explained

Anneke Kurt — Thu, 10 Apr 2008 17:20:14 GMT

In a negligence case, you can be compensated for your medical bills, damage to your property, and your pain and suffering. Our Toledo, Ohio workers’ compensation attorneys understand that workers’ compensation claims are much different than the negligence cases that result from situations like car accidents or dog bites. In some cases, you can even seek additional money to punish someone for their bad behavior, such as when you’re struck by a drunk driver. If a lawsuit needs to be filed, it’s done through the court system and the case is heard by a judge.

The worker’s compensation system was set up to eliminate many of the claims that could be brought through a negligence case. The Ohio General Assembly designed a system that helps employers minimize the costs they might have to bear through employee personal injuries. The theory is that if employers had to pay for things like pain and suffering, or punitive damages, it would be too expensive to do business. Having to defend the cases in court would cost even more money. Whether or not you believe that’s fair to employees who are hurt on the job, that’s the system we have. Instead of having cases heard by a judge or jury, work comp claims are handled through an administrative hearing officer.

The state requires employers to be self-insured or to pay into a fund that is used to compensate injured workers for things like the wages they lost due to the injury and for their medical bills. It’s a no-fault system, which means that it doesn’t matter whether you were injured because of your own actions or as the result of a co-worker or supervisor’s actions. If you were injured on the job, you’re generally allowed to file a claim and get some type of compensation.

In some situations, if an employer’s actions were so outrageous because they ordered an employee to undertake a very dangerous task without the proper safety conditions or if they failed to correct a known safety hazard, the case can be taken out of the worker’s compensation system. The legislature, though, has made filing these types of lawsuits extremely difficult so not many people would qualify.

Originally posted at InjuryBoard by Anneke Kurt