An injury can be devastating to your health and your quality of life. It can even be more distressing when your medical situation prevents you from doing your job. In this article, we explore the options you have when returning to work after an injury.
After a workplace injury, there are several benefits a claimant can receive under Ohio WCB law. Patients incapacitated for a temporary period can receive full compensation until they recover.
The employee may also have injuries that do not allow them to return to their previous work. An employer can give lighter duties, which often reduces the income from their occupation. In such cases, the employee can receive compensation for their wage loss, typically two-thirds of the wages.
Permanent Total Disability (PTD) is for employees who cannot return to work or generate an income. According to Ohio’s Bureau of Workers Compensation (BWC), employees have to be assessed and declared disabled by the state’s industrial commission. The bureau defines PTD as an injured worker’s inability to perform remunerative employment.
Your medical condition will determine if you are ready to go back to work. Sometimes employers can dispute a claim based on several factors. Ultimately, the state’s worker compensation board will resolve the dispute.
You may not get compensation if the emergency exam found intoxicants or drugs in your body. Discrepancies between the medical account and your statement can also be a reason to turn down your worker’s compensation claim. So, you should always pay attention to the claims you make to your supervisor and colleagues regarding the injury.
Another reason your employer will turn down the claims is filing for worker’s compensation after you are laid off. Most organizations are skeptical of employees who file for compensation after they leave the company. Whether you resign or were fired, the employer may perceive it as a way to get back at the organization.
Therefore, make a point of filing for compensation as soon as you can. You are not obliged to give a statement when your insurer requests it. But not submitting the report will allow adjusters to use it as an excuse for not starting the benefits process.
If you receive a call for a statement, you should have an Ohio WCB law attorney with you. The request is usually an indication that the insurer has problems with the claim. A Regas & Haag attorney can assist you as you navigate complicated aspects of the law.
Sometimes doctors and insurers do not act in the best interest of the employee. If you are facing restrictions that are preventing you from doing your job, consider consulting an attorney. Call Regas & Haag for worker’s compensation claims in Ohio.