Cleveland, OH Workers' Compensation Blog | OhioBWCAttorney.com

California Widow Sues Alarm Companies over Husband's Death

2011-05-10T02:46:38Z

The widow of one of the victims of a 2007 San Pablo, California, house fire has successfully sued two security alarm companies for failure to take appropriate action after receiving notice of a fire alarm.

Carolyn Desmond's husband Scott, a firefighter, and Captain Matt Burton died after responding to a house fire call. The couple who owned the home also perished in the fire.

]]> When Gayle and Delbert Moore's security system's fire alarm went off, it alerted a responder at Security Associates International, a subcontractor of Pinnacle Security of Utah. The responder confirmed the presence of a fire with Gayle Moore, and then called the local fire department's non-emergency line. Instead of indicating the immediate danger of a fire, the responder simply reported a fire alarm. Since the report of a fire alarm is not considered an emergency, the fire department sent only one tanker truck-manned by Desmond and Burton-to the Moore's burning home.

The lawsuit awarded Carolyn Desmond $4.6 million for the mishandling of the fire alarm that resulted in the wrongful death of her husband.

Workers' Compensation Benefits

Desmond was able to successfully take her case to court, but under the law, she can pursue additional compensation under the law.

In the state of Ohio, workers compensation benefits are awarded in the event of a workplace injury or death. In the unfortunate case that a worker loses his or her life on the job, workers compensation benefits are awarded to the surviving spouse and any dependents. The benefits are paid until the spouse's death or remarriage. Benefits include the payment of medical bills prior to the death of the worker, as well as funeral expenses up to $5,500.

It is important to understand the benefits and income available to families in the tragic event that a family member is injured or killed while working on the job. Consulting with an experienced workers' compensation attorney is recommended.

Violation of Specific Safety Requirement (VSSR) May Entitle Employees to Additional Workers' Comp Benefits

2011-04-18T16:23:24Z

In the event of a workplace injury, many Ohioans know they are entitled to workers compensation benefits for the duration of the injury. What they may not know, however, is that employees may be entitled to receive additional compensation for injuries sustained during the course of employment if a VSSR has occurred.

Section 4101 of the Ohio Revised Code requires an employer to "protect the life, health, safety, and welfare" of employees and "frequenters" of the employer's facilities. Hours of labor, safety devices, and other safeguards are all covered under Section 4101.

]]> What is a VSSR?

The Ohio Bureau of Workers Compensation (BWC) is charged with monitoring and enforcing Section 4101 of the Revised Code. The BWC's safety violations unit (SVIU) investigates claims of a violation of specific safety requirement, called a VSSR. Due to the nature of Ohio's workers compensation laws, an employee cannot sue an employer for negligence because the BWC handles all compensation due to an employee. Instead, a worker can provide evidence to the BWC that a workplace injury occurred due to a safety violation. If an investigation proves that a VSSR has occurred, then the employee may qualify for an additional award to supplement his or her workers' compensation benefits.

If a worker chooses to make a claim involving a VSSR, the BWC advises consulting an attorney, since employers tend to defend themselves aggressively against such claims. The employee must show that the violation is specific and directly contributed to the workplace injury.

VSSR Example

Firehouse.com contributor Larry Bennett provides a good example of how a VSSR violation works. Suppose that a firehouse has rules governing the use of seatbelts in fire trucks, requiring all drivers and passengers to wear seatbelts while in a fire truck. Although the rule exists, the captain does not enforce the law and in fact does not wear his or her own seatbelt while in a truck. If a firefighter-who is not wearing his or her seatbelt-is driving a fire truck, rolls it, and is ejected and killed, his or her spouse has a VSSR claim. Since the captain knew about the seatbelt rule but did not enforce it, the firehouse is in violation of a safety requirement. The surviving spouse would be considered for additional compensation.

Although complex, VSSR laws and rules are meant to protect workers, and provide additional awards only if an employer is found in violation of a safety requirement that directly caused a workplace injury. In the event of a workplace injury, it is important to consider all the factors involved, and know that if a VSSR occurred, an individual's employer will be held responsible.

Tesoro Oil Refinery Named in Wrongful Death Lawsuit

2011-04-02T01:06:49Z

In April, 2010, an explosion and fire at the Tesoro oil refinery in Anacortes, Washington killed seven workers and injured several others. The families of six victims filed a wrongful death lawsuit against Tesoro, alleging the company failed to provide a safe working environment, ignoring safety standards that may have prevented the blast.

Tesoro, an oil company based in San Antonio, Texas, is accused of willfully ignoring federal safety laws as well as oil industry safety standards, leading to the explosion and death of the employees. The families claim that Tesoro failed to inspect aging equipment and that if Tesoro had followed federal and industry safety rules and regulations, the deaths and injuries could have been prevented.

]]> The plaintiffs' claims against Tesoro are back by the findings in an inspection report compiled by the Washington Department of Labor and Industries. It conducted a six-month investigation of the Anacortes plant following the deadly explosion. Stating that the explosion was preventable, the Department fined Tesoro $2.39 million.

Oil refineries are a relatively dangerous place to work. Despite federal rules and regulations intended to make oil refineries a safer place to work, injuries to workers are not uncommon. Explosions and fires are a constant threat due to the highly-flammable and combustible nature of petroleum, the end product of the oil-refining process.

The structure of a refinery poses an additional danger to the health and safety of refinery workers; prior to regulations passed in the 1980s, asbestos was the first choice for oil refinery insulation because of its flame-retardant properties. All United States refineries were built prior to 1976 and either contain or have contained asbestos. Although useful as an insulator, asbestos exposure can cause a rare form of cancer called mesothelioma, as well as other medical conditions like pleural plaques and asbestosis.

Oil refineries are bound by several federal laws and industry regulations that protect both workers and the residents that work at or live near the facilities. Considering the dangers that oil refineries pose, it is important that violations of safeguards intended to protect be swiftly addressed as well as corrective and deterrent action be taken.

What's in Store for the Industrial Commission of Ohio Under "New" Leadership?

2011-03-23T18:18:19Z

In June 2008, the Industrial Commission of Ohio fired its director of non-adjudicatory operations, Timothy Adams, saying only that it was time to "head in a new direction." It looks the Commission is making a U-turn.

In January 2011, the Commission rehired Adams and promoted him to the position of Executive Director. Reportedly, the Commission had recently been firing several top managers hired under the former administration to pave the way for Adams' return.

]]> Adams, a republican, was fired during democratic Gov. Ted Strickland's administration. Jodie Taylor, who was recently appointed Commission chairwoman by current republican Gov. John Kasich, made the announcement of Adams' rehire.

During the two years leading up to Adams' 2008 departure, the Commission was inundated with a drastic increase in the number of union grievances and a growing backlog of workers' compensation cases. Additionally, the Ohio inspector general and Department of Administrative Services issued a report showing evidence of Commission mismanagement, retaliation against whistle-blowers and mishandling of employee grievances.

While Adams was not directly implicated in any wrongdoing, employees he managed were. Moreover, as second in command at the Commission, it is hard to see how he could not have been a contributing factor in the previous problems.

If past performance is the best indicator of future performance, the "new" old direction the Commission is taking may be questionable. With Adams in charge of the Commission, the types of problems seem during his previous tenure might have a way of reappearing. Only time will tell if rehiring and promoting Timothy Adams to Executive Director is just a political move or is really in the best interest of the workers of Ohio.

Source: http://www.dispatchpolitics.com/live/content/local_news/stories/2011/01/19/copy/industrial-commission-rehires-fired-official.html?sid=101

Ohio IC Says Self-Insured Employer Can Pick Employee's Voc Rehab Path

2011-02-02T15:17:23Z

A 2008 decision issued by the Ohio Industrial Commission (IC) is being used by some worker's compensation hearing officers as a justification to allow self-insured employers to pick their injured worker's vocational rehabilitation program. After reviewing a self-insured employer's appeal, the IC reversed a staff hearing officer's order, finding in favor of the self-insured employer on the issue of choice of service provider for vocational rehabilitation services.

]]> Self-Insured Employers Must Provide the Same Benefits as BWC-Covered Employers

Under Ohio law, self-insured employers must provide services and benefits that are "equal to or greater than" the benefits provided by the BWC. Some self-insured employers have found this requirement to be a burden. This is especially true when their injured workers have costly medical treatments or they choose vocational rehabilitation programs that may be expensive to get new skills to re-enter the job market after a permanent injury. But this extra expense is the risk self-insured employers run for choosing to self-insure as opposed to getting coverage through the Ohio BWC.

The IC's decision has been a boon to self-insured employers since it puts the choice of the vocational rehabilitation services provider in the hands of the self-insured employer, not the injured worker. The employer can choose a less expensive voc rehab services provider regardless of whether the employee wants to pursue a re-training program through that services provider.

Injured Ohio workers do have the right to worker's compensation benefits that cover medical expenses, wage loss, vocational rehabilitation, and other benefits, if necessary. Contact an experienced worker's compensation attorney for help with a work comp claim.

Ohio BWC's Pledge of Service -- What Will Service Be Like Under a New Administrator?

2011-01-19T15:43:46Z

The Ohio Bureau of Worker's Compensation has the charge of administrating all Ohio worker's compensation claims and paying out on approved claims. The BWC has set out standards for serving its customers - injured Ohio workers and their employers - in the Pledge of Service. The Pledge of Service outlines an injured Ohio worker's rights, including:

The right to worker's compensation benefits after a workplace injury or diagnosis of an occupational disease;
The right to choose a BWC-certified health care provider and access to treatment promptly after the injury;
The right to the BWC's payment of approved medical bills;
The right to customer service by BWC employees that is "prompt, professional and courteous";
The right to online or in-person access to personal records;
The right to prompt payment for approved claims;
The right to consideration for all benefits that the injured worker is eligible for;
The right to an independent medical examination, when needed;
The right to appeal an adverse decision;
The right to hire an attorney and the right to self-representation.

]]> Governor-Elect Kasich Has Appointed a New BWC Administrator

After the mid-term elections in November, Governor Elect Kasich announced that he would be replacing several leaders appointed during Governor Strickland's term. One leader, Martha Ryan, head of the BWC, announced her resignation several weeks ago, effective January 2011.

Governor Elect Kasich has announced Ryan's replacement as administrator of the Ohio BWC: State Senator Steve Buehrer. Buehrer was a human resources executive with the BWC in the 1990s. He has already publicly speculated about potential reforms to the Ohio BWC, including the possibility of reducing payments paid out to workers injured on the job in Ohio.

Buehrer is also a member of a state task force charged with creating increased "competition" with the BWC, such as allowing private insurers to compete with the BWC in the hopes of decreasing premium rates for employers.

At this point, it's unclear the extent of the changes that Buehrer wants to accomplish or whether they will affect the Pledge of Service to injured workers, but change is clearly coming under the new BWC administrator's helm.

Related Source:

Injured Worker Pledge of Service

Ohio Senate Rejects Three of Strickland's BWC Appointees

2011-01-03T16:29:11Z

On a roughly party-line vote, Ohio Senate Republicans have rejected three of outgoing Gov. Strickland's appointees to the Ohio Bureau of Workers' Compensation Board. The Senate also rejected more than 70 other appointments that Strickland made in an 18-12 vote. One lone Republican joined the Democrats in support of Strickland's appointments.

Republican senators justified the rejection to allow Governor-Elect Kasich the chance to make his own appointments to the same position.

After the vote, Democrats noted that so-called "lame duck" appointments by outgoing governors have been accepted in many previous administrations, with less regard to whether the appointments benefited out-going Republicans or Democrats.

]]> The rejected BWC appointees are William Lhota, Alison Falls and James Harris.

Ohio BWC Is Largest State-Funded Work Comp System in Nation

The Ohio BWC is the largest state-funded program that handles worker's compensation claims in the United States. According to fiscal year 2010 data provided by the BWC, it covered about 256,000 Ohio employers, maintained over 1.2 million open claims, and paid nearly $1.9 billion in worker's compensation benefits for lost wages and medical care.

The current BWC board has 11 positions. As fiduciaries for the BWC, the members are charged with advising and guiding the BWC administrator on policy and operational decisions. The BWC Board also has investment, actuarial and administrative duties. The governor appoints members to three-year terms with the advice and consent of the Ohio Senate.

William Lhota was to serve as chair of the BWC board. Allison Falls was to chair the governance committee and James Harris was to chair the medical services committee.

Governor-elect Kasich has not yet announced his appointments for the three open positions.

Senate Republicans reject 78 Strickland appointments

BWC Chief Ryan Resigns

2010-12-29T20:53:08Z

Ohio Bureau of Worker's Compensation (BWC) Chief Martha Ryan, the top BWC administrator appointed by Gov. Ted Strickland, resigned from her post, effective January 9, 2011.

Ryan has led the Ohio BWC since Strickland appointed her in May 2007. She has been credited with several effective reforms including lower worker's compensation base rates for private and public sector employers. Rates have come down for these employers by between 33 and 35 percent.

]]> Strickland saluted Ryan's service and contributions to the BWC, as well as those of the BWC board, stating that he was "so proud of what's been accomplished under [their] leadership."

Ryan has a multitude of experience in the public and private sectors including leadership roles at American Electric Power, Michigan Indiana Power and State Auto Mutual Insurance Company, time at the Ohio Attorney General's Office and various other public sector positions, as well as serving as a trustee for Franklin University, a board member of U.S. Bank and as a member on other non-profit and civic boards.

Kasich Has Tapped Senator Buehrer as Ryan's Replacement

After his election, Governor-elect Kasich has indicated he would like to change leadership in many high level public agencies. The BWC has been one of Kasich's targets as he has focused on high worker's compensation premiums as a barrier for Ohio businesses. Ryan's resignation came on the heels of Kasich's election.

State senator Steve Buehrer of Delta has been appointed by Kasich as Ryan's replacement. Under Buehrer's leadership, changes for the BWC are expected, including talk of worker's compensation insurance privatization and work comp benefits reductions.

Ohio Workers' Comp Administrator Ryan Resigns

Types of Ohio Workers' Compensation Benefits

2010-12-07T17:06:02Z

The Ohio Bureau of Workers' Compensation (BWC) offers a variety of programs to Ohioans who have been injured in the workplace or have become ill as a result of workplace conditions.

Temporary Total Benefit and Living Maintenance Benefit

The first available benefit from the BWC is temporary total compensation. Workers can receive temporary total compensation once they have lost eight consecutive days of work to a workplace injury or illness. It is granted after evidence of injury or illness is presented to the BWC by a physician. In the first 12 weeks, workers receive 72 percent of their regular wage; after week 12, the percentage decreases to 66.67 percent. Temporary total benefits cease once an employee returns to work. A living maintenance benefit is available for people that are enrolled in a long-term rehabilitation program.

Wage Loss Benefit

If, after a workplace injury or illness, a person found alternative work but is paid less than what they earned at their former employer or if a person cannot find work due to injury, the BWC provides a wage loss benefit. The wage loss benefit is equal to 66.67 percent of the difference between the two wages.

]]> Permanent Total Disability and Statutory Permanent Total Loss Benefits

Permanent total disability benefits are granted to workers who have suffered injuries on the job that permanently prevent them from working. Workers receiving permanent total disability cannot return to work and continue to receive benefits.

Those people who have lost both arms, both legs, or both eyes, and who can continue to work despite those injuries, are still eligible to receive permanent total disability benefits. However, the benefits are known as statutory permanent total loss benefits in this case.

Death Benefits

Death benefits are awarded to dependents of a worker killed on the job or dies as a result of a workplace injury. The dependents are able to schedule these payments over time or receive a lump sum.

Other Programs

There are several other programs available to workers. The Disabled Workers' Relief Fund (DWRF) provides funds to supplement permanent total disability benefits if those benefits fail to offset the cost of living.

Permanent partial disability benefits are available to people who lose a limb or other body part. For people who experience residual issues from workplace injuries or illness, a percentage of permanent partial disability benefits may be paid.

Prescription Drug Benefits

The Ohio BWC also offers a Pharmacy Benefit Program to reimburse workers for approved medication used to treat workplace injuries and recovery. For drugs not on the approved list, such as analgesics and skeletal relaxers, a worker must get prior approval from the BWC.

This is only a brief overview of the benefits the BWC provides. An experienced Ohio workers' compensation attorney can answer questions about a workers' compensation claim.

Ohio BWC Partners With NIOSH To Reduce Workplace Injuries

2010-11-17T14:38:50Z

This October, the Ohio Bureau of Workers' Compensation joined forces with the National Institute for Occupational Safety and Health (NIOSH) to improve worker safety across Ohio.

This is the first partnership of its kind in the United States, although NIOSH works with all 50 states in some capacity. The four-year partnership will fund research on preventive measures that will keep Ohioans and other U.S. citizens safer in the workplace and reduce accidents.

]]> Another objective of the BWC and NIOSH partnership is to measure the effectiveness of occupational safety and health programs in wholesale and retail settings. The BWC and NIOSH will use the BWC's data on workers' compensation to evaluate these programs.

The BWC-NIOSH partnership aims to use the workers' compensation data - an overlooked resource - to show the impact that workplace injuries and illness have on industry and to develop programs to educate employers and workers on how to be safer. For now, the partnership will focus on musculoskeletal injuries and injuries sustained from slips, trips, and falls.

The National Institute for Occupational Safety and Health is a federal agency under the Center for Disease Control that measures workplace safety and conducts research on how to improve it. It was created along with OSHA (the Occupational Safety and Health Administration) by the Occupational Health and Safety Act of 1970; however, instead of creating and enforcing regulations like OSHA, NIOSH gathers information and conducts research on occupational health and safety.

In 2007, the nation lost 5,488 workers to workplace injuries, and 49,000 people died from workplace-related illness. Employers spent $86.7 billion on workers' compensation in 2007, but this figure represents only a portion of the total spent by employers, employees, insurance companies, and the medical industry.

By teaming up with NIOSH, the Ohio BWC is taking big steps toward making Ohio workplaces safer for employees and better for business.

OH BWC Joins Forces With NIOSH

Workers Injured in Car Accidents on the Job Can Claim Work Comp

2010-10-29T18:31:15Z

Unfortunately, workers who drive motor vehicles for a living expose themselves to the risks of the road for days, not just hours of their work weeks. Truckers, sales people, delivery drivers and other workers in jobs that require them to be on the road will face obstacles such as adverse weather conditions, distracted driving, drunk and drugged driving and other causes for fatal and serious accidents. But in the case of an Ohio employee involved in a motor vehicle accident on the job, the worker may have a workers' comp claim through the Ohio Bureau of Workers Compensation (BWC).

Acknowledging the risks that drivers on the job face, the BWC offers driving tips and training videos on safe driving practices on its website. The BWC also encourages employers to develop safety practices and resources for employees injured in car accidents on the job.

]]> OSHA Highlights Drive Safely Work Week October 4-8

Federal agencies such as the Department of Labor's Occupational Safety and Health Administration are also campaigning to improve working driver safety. This year, the Drive Safely Work Week focuses on distracted driving with the goal of discouraging texting while driving to and from work and while on the job. OSHA notes that motor vehicle accidents are "the leading cause of worker fatalities."
OSHA will target both employers and employees. OSHA has posted an open letter to employers on its website reminding them of their obligation to provide a safe workplace, to develop and follow safe driving practices and a demand to remove incentives for employees to text while driving.

OSHA has also released educational materials to inform employees of their right to a safe workplace and other rights as well as a campaign to prevent texting while driving in partnership with the U.S. Department of Transportation.
Workers injured in car accidents while performing the duties of their jobs do have the right to claim workers' compensation benefits. For more information, contact the workers' compensation attorneys at OhioBWCattorney.com.

US Labor Department's OSHA reaches out to prevent distracted driving

BP Oil Spill Effects Felt as Far Away as Ohio BWC Fund

2010-08-30T13:00:30Z

The BP oil spill has had long-lasting, industry-changing effects on the environment, economy and residents of the Gulf of Mexico. But others near and far are feeling effects of a different kind -- BP stockholders, including the Ohio Bureau of Workers' Compensation Fund, are facing diminished or devastated portfolios, depending on their holdings. Many people will rightly say that the result is fair: money can be replaced, while livelihoods, habitats and wildlife may never be. But the fact remains that a striking blow to the BWC at during this economic downturn means that injured Ohio workers may also bear the brunt of the catastrophe in the Gulf.

The Norwalk Reflector reports that BWC had already suffered significant losses after AIG lost nearly 90 percent of its value from late 2007 to 2008. The loss of BP stock value only adds fuel to the flames for the Ohio BWC's workers comp claims fund.

]]> BWC, along with the Ohio state pension funds, and other state funds across the nation, has dealt with the contraction in the stock markets, just like individual stockholders. State fund routinely invest money in the stock market to gain a profit that can be used for payments based on the mission of the fund. In the case of the BWC, the fund is used to pay work comp claims for injured workers. When the fund's holdings contract -- like what has happened with BP's stock -- the fund has less money to pay out claims. It remains to be seen whether the Ohio BWC will have to adjust work comp benefits because of the recent losses.

OSHA Cracks Down on USPS Facility for Safety Violations

2010-08-23T13:00:01Z

A Scarborough United States Postal Service Processing and Distribution Center is facing up to $430,000 in fines and seven citations for safety violations found during an inspection by the Occupational Health and Safety Administration (OSHA) last December.

According to a press release issued by the Assistant Secretary of Labor, the citations were related to the USPS's failure at the Scarborough facility to train its employees on how to work safely with live electrical parts.

Of the seven citations, six were "willful" - the most severe category of violations handed out by OSHA. The violations included failing to provide workers with proper training and safety equipment for working with and around sorting equipment. Workers are exposed to live electrical currents from this equipment and can be injured by shock, arc blast and arc flash.

]]> The USPS also received one repeat violation for improperly storing pallets, pallet jacks and letter trays in front of disconnect switches. In 2007, a distribution center in Toledo, Ohio, received a citation for the same violation.

The 243,000-square-foot facility also lacked proper warning signs as required by federal regulations.

On-Going Electrical Safety Issues

Recently, the USPS has received several citations for violations related to electrical safety. In the last 10 years, at least eight USPS employees have suffered injuries in electrical arc flash and blast accidents. OSHA has given the U.S. Postal Service 29 citations for safety violations related to electrical hazards, with 16 of these citations being given since October 2009.

Since the USPS has not taken sufficient action to resolve the electrical safety hazards at its processing and distribution centers, the Department of Labor has asked the Occupational Safety and Health Review Committee to take additional action against the service. This includes requiring the USPS to conduct annual inspections for the next five years at all of its distribution centers to ensure compliance with electrical safety requirements.

All employers have a legal duty to provide their employees with a safe working environment. USPS employees who believe they are working in an unsafe environment should report their concerns to OSHA. Workers who have been harmed in an electrical accident or other type of accident while working at a USPS facility should contact an experienced workers' comp attorney to learn more about their options.

Corporate Wellness and the Bottom Line

2010-07-29T14:00:00Z

Whether bringing "The Biggest Loser" to your workplace, sponsoring a company softball team or arranging for on-site flu shots, corporations are encouraging employee health in many ways. According to a DailyComet.com article, more than 85 percent of corporations today are engaging in some type of wellness programming. "A healthy employee means a healthy bottom line," says Michael Port, CEO for Corporate Wellness Solutions.

Workouts and Workdays

Employers today are building on-site gyms for their employees and many are even equipping them with personal trainers and fitness instructors. Richard Barrack, CEO of Barrack's Corporate Fitness, is reported to have said that not only have these fitness centers increased employee productivity, but they have also become a networking hub where employees from different departments can connect with one another.

]]> Checkups and Check-Ins

Some employers are starting to provide routine health screenings at work. Glucose screening and blood pressure or cholesterol testing can help identify health issues early, resulting in timely treatment and keeping the employee healthier. Companies may also provide health evaluations to assess employee health risks and assist with long-term health goals.
It is not enough for employers just to provide health insurance; according to Port, many are realizing they need to encourage employees to use it. Regular health screenings and preventive care can make employees feel better and go a long way toward managing a company's health care costs.

De-Stressing the Workplace

According to safecomputingtips.com, organizations with employees who have computer intensive jobs may also educate their employees how to avoid repetitive stress injury (RPI). Good posture, ergonomic office furniture and the proper alignment of a workstation can all go a long way in preventing RPI. These protections can ensure employee comfort and minimize loss of work hours. Employees who exhibit RPI symptoms should see an orthopedic surgeon for early diagnosis, as attention to ergonomics may then be able to restore normalcy.

Port says that some employers even provide massage services at work; a brief massage may relax the employee, lower blood pressure and send the employee back to work more focused. Companies are realizing that health benefits not just employees but also productivity and the bottom line. Employees who have questions about their rights to a safe and healthy workplace should contact a knowledgeable workers' compensation attorney at www.OhioBWCattorney.com.

Related Source:

How Healthy Is Your Workplace?

Ohio BWC Speed May Actually Hurt Injured Workers' Outcomes

2010-07-17T06:18:27Z

According to the United States Bureau of Labor Statistics, the April 2010 unemployment rate in Ohio is 10.7 percent, significantly up from 6.2 percent in January 2007. Less employed workers should result in fewer injuries on the job and therefore a decrease in the number of workers' compensation claims. Recent data supports this conclusion; the Ohio Bureau of Workers' Compensation (BWC) reflects a decline of more than 23 percent in claims filed from 2007 to 2009.

In contrast, BWC personnel rates are down only 15 percent and claims processes are being scheduled at a faster pace. Anecdotal evidence indicates that claims may be scheduled a mere six months from the date of the applicant's injury or initial diagnosis. In some cases, this is insufficient time to gather the medical records required to establish eligibility for benefits.

Latent Injuries Do Not Show Up In Time for BWC Hearings

Latent injuries may complicate an injured worker's claim. Some occupational diseases are more difficult to diagnose and the employee may even have initially been giving conflicting diagnoses. These claimants need ample time to get appropriate medical attention; sometimes obtaining a referral or an appointment with a specialist can take significant time. Submission of a claim requires expert diagnoses for the injuries or disease. Additionally, claimants need time to prepare their claim, gather supporting medical records and present their claim to the bureau.

Until such time as the state would adopt a two-tier system for new claims, injured workers should contact a knowledgeable workers' compensation attorney. A lawyer can help ensure injuries are timely and appropriately documented and evidenced, and can help the injured worker throughout the application process. When appropriate, a lawyer can request that the hearing be continued, or delayed, until all the evidence can be gathered.

Contact a knowledgeable work comp attorney at www.OhioBWCattorney.com for help with your workers compensation claim.