An Experienced Dayton Workers’ Compensation Attorney You Can Trust
Pain, lost wages, medical bills and other worries can keep an injured worker up all night. These concerns are legitimate and loom large on any injured worker’s mind.
Lawmakers created Ohio’s workers’ compensation system to help workers like you get medical care and financial assistance while they are recovering from a workplace injury. But what good is a system that you know nothing about or are afraid to use for fear of losing your job? You can get answers to your questions and the assistance you need by speaking with an experienced Dayton workers’ compensation attorney. At Todd Miller Law LLC, I have been assisting Ohio’s workforce for more than 30 years.
My name is Todd Miller, and I’m here to guide you along the path, negotiate for you and protect your rights to medical care and monetary compensation for your injury. I help injured workers in every aspect of workers’ compensation, from initial filing of your claim to close. If needed, I can help review and appeal your claim if it’s been denied. I’m based here in Dayton, so you will be working with a local attorney who gives close, personal attention to your case, something larger firms often cannot match.
Most Workers Want To Get Back On The Job ASAP
While many workers want to get back to work as soon as possible, many are unable to do so. Catastrophic injuries or grave illnesses can result in workers being incapable of returning to the work and lifestyle that they enjoyed before the accident or onset of the illness. What then?
In Ohio, the Bureau of Workers’ Compensation (BWC) provides coverage for illnesses and employment-related injuries for workers in private and public sector jobs as well as for self-insured companies. Upon approval of an application, workers become eligible to receive:
- Weekly wage replacement
- Payment for medical expenses
- Permanent partial or total disability payments
- Compensation for permanent disfigurement or injuries
If your loved one died due to an accident at work, then you might qualify to file for death benefits. There are strict time limits, so it is best to initiate a claim as soon as possible. The BWC and self-insured employers do not approve all claims, and they can place other obstacles in the way of compensation. Call my law firm to discuss your situation.
Frequently Asked Questions about Ohio Workers’ Compensation Law
Below are answers to some of the most common questions workers ask about Ohio workers’ compensation claims. These can help you understand your rights and next steps if you have been injured or have become ill because of your job.
What steps should I take if I’m injured or get sick at work?
Report your injury or illness to your employer as soon as possible, seek medical care immediately and document everything. Then, contact a knowledgeable Dayton workers’ compensation lawyer to help protect your rights and start the claims process promptly.
How long do I have to file a workers’ compensation claim?
In Ohio, you must file a workers’ compensation claim within one year of your injury or the date doctors diagnose a work-related illness. Acting quickly is crucial to avoid losing benefits.
Can I see any doctor I want to for treatment for a work injury or illness?
You can initially see any doctor for emergency care, but ongoing treatment must be with a physician certified by the Ohio BWC. A local attorney can help ensure that you receive care from the right providers.
How does an allowed workers’ comp claim pay my medical bills?
When the BWC or your employer’s insurer approves your claim, they pay authorized medical expenses directly, so providers do not bill you for covered treatment.
How can I appeal if the BWC or my employer’s insurer denies my claim?
If the BWC or your employer’s insurer denies your claim, you can file an appeal. An experienced attorney can guide you through the appeals process and fight for your benefits. I can help with appeals – see more about this on my denied workers’ compensation claims page.
What benefits am I entitled to if I’m injured or get sick at work?
Depending on your case, you may receive wage replacement, medical coverage, disability benefits, rehabilitation services or – for surviving family members – death benefits.
Can my employer fire me for filing a workers’ compensation claim or getting hurt on the job?
It is illegal for your employer to retaliate against you for filing a workers’ compensation claim. If you believe that your employer treated you unfairly, contact a knowledgeable attorney to discuss your options.
What does workers’ compensation consider a “work injury”?
A work injury is an accident that occurs in the course of your employment, regardless of whether you did something to contribute to it.
What is a repetitive injury?
A repetitive injury is one that develops over time. A repetitive injury may occur over the course of several days, weeks or even years due to repeated motion in the course of work duties.
Is it hard to get compensation for an occupational disease?
An occupational disease must meet certain legal criteria. Your employment must be of such character that your risk of contracting such a disease is greater than employment in general and greater than the risk of the public in general contracting such a disease. Examples of diseases that can be occupational diseases are asbestosis and carpal tunnel syndrome.
How does temporary total disability work?
Temporary total disability (TTD) is the monetary compensation you receive while you are completely off work from an injury. The first seven days of disability are not payable until you miss 14 days in a row. In other words, if you miss 10 days of work, the BWC pays TTD for days eight, nine and 10, but not for the first seven days.
What is “wage loss” compensation?
Wage loss compensation is a benefit that is payable if you are unable to return to your former position of employment and you have either found a job making less money or are looking for work within the restrictions provided by your doctor. You must follow certain rules to stay eligible for these benefits.
What does permanent partial disability compensation cover?
Permanent partial disability (PPD) is sometimes compared with a type of “pain and suffering” award. Unfortunately, there is no such thing as “pain and suffering” under Ohio’s workers’ compensation system. PPD is an award of money that attempts to recognize and compensate you for the percentage of your injury that remains permanent. It is not a settlement of your claim.
Will workers’ compensation pay my full weekly wage?
The BWC calculates your full weekly wage (FWW) based on your earnings during the six weeks before your injury. Your FWW determines how much the BWC pays you in TTD for the first 12 weeks.
What is an average weekly wage?
The BWC calculates your average weekly wage (AWW) from your earnings in the year before your injury. Under certain circumstances, the exclusion of some periods of unemployment may apply. The AWW will determine your rate of pay for TTD after the first 12 weeks of disability. Generally, AWW pays 66% of your earnings after the first 12 weeks of disability. The AWW also determines the rate of pay for your wage loss.
Contact Todd Miller Law LLC To Learn More
Contact my office in Dayton at 937-741-2513 or send me an email to schedule a free consultation to learn more about how a certified Dayton workers’ compensation attorney can make the confusing workers’ compensation process smoother.