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Workers comp Ohio

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  • Workers comp Ohio

    I hurt my back at work. No fault of the employer or mine. I was lifting parts and hurt my back. I missed work and got let go. I work through a temp service so I am still employed by them. They called me right after I hurt my back wanting to know if I could work and I told them my restrictions from my doctor and they said "never mind". They don't have anything for me for my restrictions. I am getting workers comp medical from them. I filed to get paid about a month ago. I have been off work since September 24th. They don't go through the state, they go through a private company that takes care of all their worker comp claims. A lady called me from workers comp to ask questions. She said "I see you got let go because you missed to much work" I said yes BUT this temp service is my employer and I am still working for them but with my restrictions they don't have any work for me". I have heard if your employer can't meet your restrictions you should get paid and my doctor has also told me that and he is a workers comp doctor.. I have allot of nerve pain so I really don't see how I could work right now. And my legs are so weak. I have so many things my doctor won't let me do. What do you think my chances are of getting workers comp payments? I should find out this week. Everything that my doctor has asked them for has been approved, like tests, a back specialist, nerve tests, physical therapy. So I am really keeping my fingers crossed that they will approve this too. If not I have a lawyer lined up. Thanks so much.
    Jamie in Ohio

  • #2
    Jamlws, If your employer is self-insured and you have been off work due to your injury for seven days straight, you are entitled to temporary total disability compensation. Since your employer is self-insured they are NOT obligated to notify Ohio Bureau of Workers' Compensation of your claim unless it is a lost time claim (meaning you missed sevn or more days of work due to your injury). Once you have missed that 8th day, they are required to file it with BWC. Even though BWC does not pay any bills or compensation in your claim.

    You need to get an attorney NOW self-insured employers are ruthless and from what you originally posted it sounds to me that you were terminated due to excessive absences from work (which the employer can and probably will argue the voluntary abandonment issue).

    The self-insured employer has already delayed your temporary total payments long enough, get an attorney immediately!.

    Good luck,


    Originally posted by jamlws View Post
    I hurt my back at work. No fault of the employer or mine. I was lifting parts and hurt my back. I missed work and got let go. I work through a temp service so I am still employed by them. They called me right after I hurt my back wanting to know if I could work and I told them my restrictions from my doctor and they said "never mind". They don't have anything for me for my restrictions. I am getting workers comp medical from them. I filed to get paid about a month ago. I have been off work since September 24th. They don't go through the state, they go through a private company that takes care of all their worker comp claims. A lady called me from workers comp to ask questions. She said "I see you got let go because you missed to much work" I said yes BUT this temp service is my employer and I am still working for them but with my restrictions they don't have any work for me". I have heard if your employer can't meet your restrictions you should get paid and my doctor has also told me that and he is a workers comp doctor.. I have allot of nerve pain so I really don't see how I could work right now. And my legs are so weak. I have so many things my doctor won't let me do. What do you think my chances are of getting workers comp payments? I should find out this week. Everything that my doctor has asked them for has been approved, like tests, a back specialist, nerve tests, physical therapy. So I am really keeping my fingers crossed that they will approve this too. If not I have a lawyer lined up. Thanks so much.
    Jamie in Ohio
    Beth,
    Legal Assistant
    Workers Compensation Specialist

    Comment


    • #3
      Have you followed up with the employer since September 24? Provided regular medical reports and sought work within your restrictions? Do they know that you are willing and able to work so long as the restrictions are being met? If you have not spoken with them since September, in all likelihood that is why you have not been receiving benefits and have not been contacted about jobs. Having "temporary" employees myself, I can tell you that is the biggest struggle when one of them is injured. Since they do not necessarily work everyday or in a set assignment, it is difficult for me to know whether they are not working for personal reasons or because they are medically incapable.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment


      • #4
        I do keep in touch with them. They know my restrictions and when they called me they saw my restrictions and said "nevermind". When I go to the doctor every 4 weeks he gives me a list of the restrictions and I turn them in to my employer. I just filled to get payments not even a month ago. They have been paying all my medical and just appoved a back specialist. I see him on the 17th of this month. I am hoping he gives me new hope cause my worker comp doctor wants to do surgery and I don't want that. This has been so hard on me. I really hate it. So much stuff I can't do now. I have 2 kids and it takes everything in me just to take care of them. Thank god for my husband helping. Thank you
        Jamie

        Comment


        • #5
          If you have repeatedly sought assignments within your restrictions and none exist then you should be able to get TTD fairly easily. Have you followed up with the adjuster? Start there. I'd say 90% of the time there is a delay in payment it is because the adjuster is waiting on disability slips and medical reports from the doctor to support the lost time. You won't know until you call.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            I called the lady that is handling my comp claim and left 2 messages. I guess all I can do is wait. I will let you know when I hear something or if I do.
            Thanks
            Jamie

            Comment


            • #7
              I was turned down so I guess it is time to get a lawyer this is so depressing.

              Comment


              • #8
                The comp lady would not call me back so I called someone else in her office and she put me through to her. My claim was denied. I told her well I will be getting a lawyer now and she said "if that is what you want to do". This company is self insured. She wouldnt tell me why she said I will be getting papers in the mail. Next is the hearing. Can anyone tell me what happens at the hearing?
                I lost my job do to missing to much work but I work through a temp service and I am still employed by them. They don't have any jobs to meet my restrictions and that is why I am fighting this. I have contacted a lawyer and waiting to hear back from him. I don't know if he will take my case or if I have a case at all.
                Thanks
                Jamie

                Comment


                • #9
                  It depends entirely on why the claim was denied. I can't predict how a hearing might turn out. Once you secure a lawyer and that person has a chance to review the full case, they can give you a better idea.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

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