Can I file an Ohio Workers’ Compensation claim for my carpal tunnel syndrome?

The Workers' Compensation laws in Ohio can be very complicated and difficult to understand. Certain injury and Occupational Disease laws have been changed by the Ohio Legislature. This is also true relating to payment rates and certain benefits. Injured Workers who believe that claims only involve the filing of some simple paperwork are often wrong. The first filing needs to include specific documentation and evidence that supports the type of injury or occupational disease alleged. Furthermore, medically diagnosed conditions need to be included in the filing and be made part of the record. Older, established law firms which limit their practices to only on the job injuries and occupational diseases give the client the best chance of getting the full benefits to which the injured worker is entitled. Kendis, O’Brien & Stanek Co., LPA have been helping injured workers since 1933 and have the knowledge and longtime experience needed to help injured workers.

This is an important question as it dictates how the claim is filed, and who administers and makes decisions about the claim. If your employer is state funded, they pay premiums, but the BWC administers the claim and makes decisions. If your employer is self-insured, they administer the claim and make decisions. However, regardless of whether the employer is state funded or self-insured, the Ohio Industrial Commission has jurisdiction over appeals. It is important that you discuss your workers’ compensation issue with an experienced law office at the outset as failure to do so could result in the loss of rights and the right to litigate your claim.

ALWAYS report your accident and injury to your employer and co-workers. Even if you believe the injury might be minor; make a report. Frequently, minor injuries turn out to be more severe than first thought. If you fail to make a report and wait several days, it may become difficult to convince others that the incident and injuries happened at work. If there is no one on the job to take a report, leave a note or call in to work and leave a message on the answering machine. BE WILLING to seek medical help if you have any questions as to how seriously you are injured. Injuries are usually worse the day after your initial incident. Emergency Rooms are not always pleasant places because of the long waits. However, that treatment is important for your improvement as well as proving a contested injury. If no Emergency Department is available, look for an Urgent Care facility. COMMUNICATE a complete history of your accident along with all suspected injuries. The history and the list of all body parts injured is very important both for getting you well and back to work as well as proving a contested injury. Frequently, injured employees are afraid to tell the medical provider that an injury occurred on a job for fear of being fired. The Bureau of Workers’ Compensation and federal laws protect you from that in most cases.

In workers’ compensation claims, the Bureau of Workers’ Compensation (BWC) and Industrial Commission (IC) of Ohio make decisions. These decisions concern various issues and, generally, must be appealed within either 10 days or 14 days of receipt depending on the issue that is denied. Failure to file timely appeals can result in a situation where a claim can be denied entirely or compensation and/or medical benefits in a claim can be denied. Failure to understand the nature of BWC or IC orders and failure to file a timely appeal can leave an Injured Worker in a terrible position. No payment for medical charges or replacement of wages following an injury can turn a person’s life upside down. This is why it is important to contact an attorney’s office early so that the attorney can protect your rights and handle these issues competently.

DWRF stands for Disabled Workers Relief Fund. This fund was started in 1953. Injured workers who were declared Permanently and Totally disabled from a work injury or occupational disease were paid at the pay rate of the Injured Worker on the date of their injury and not the current rate. The legislature decided to not address the rate of pay. Instead, a separate fund was established by the legislature to aid the permanently and totally disabled workers, thereby increasing their pay and not becoming involved in changing the pay structure which would require a constitutional amendment. After an injured employee is declared by the Industrial Commission to be permanently and totally unable to work, the claimant is then referred to a special claims examiner who reviews the payments made to that worker. Social Security disability rates and Workers’ Compensation rates are added together and the Injured Worker’s rate, in some cases, can be increased. Social Security retirement benefits and widows’ benefits are not a part of that determination. Neither are PERS, railroad retirement and other retirement programs. Since some workers can file for retirement prior to 67 (as early as 62), such workers will find that they may be able to receive DWRF benefits as well as their Worker’s Compensation payments and Social Security retirement benefits.  The combined benefits rates are set at a maximum each year and the DWRF rate can increase with cost of living increases. The Bureau of Workers’ Compensation should be reviewing yearly each party receiving aid from DWRF. Injured Workers should protect themselves by periodically checking with their attorney to see if they are receiving the correct payments.