Have you or someone you love been injured in a workplace accident? Do you need assistance getting the workers’ compensation benefits you are entitled to? Our workers’ compensation attorneys at Philip J. Fulton Law Office have been helping people like you since 1980. You can be confident in our ability to get you the results you deserve.
Workers’ compensation in Ohio is designed to provide financial relief and medical support for employees who suffer job-related injuries or illnesses. Understanding the system can be difficult, and this is where an experienced Ohio workers’ compensation attorney becomes essential. A knowledgeable lawyer can help ensure workers receive the full benefits they deserve, especially when claims become complicated.
Philip J. Fulton Law Office has over 35 years of experience representing injured workers across Ohio. The firm focuses on workers’ compensation claims, giving clients detailed knowledge about Ohio’s workers’ compensation laws and the claims process. From the first step of reporting an injury to securing benefits such as wage-loss compensation and medical care, the firm protects clients’ rights at every stage.
To provide a clear overview, here are some key points about workers’ compensation in Ohio:
These points highlight the importance of working with a dedicated attorney. Workers’ compensation cases are not always straightforward, and mistakes in filing or documentation can lead to denied claims or reduced benefits. Our skilled workers’ compensation lawyer in Ohio can help employees protect their rights and focus on recovery while we handle the legal complexities.
For more than 35 years, attorney Philip J. Fulton has been helping injured workers obtain the benefits they need and deserve. In fact, he literally wrote the book on workers’ comp in Ohio ― authoring the well-known treatise on workers’ compensation, “Ohio Workers Compensation Law.”
Quite simply, we have the experience to handle any workers’ compensation case. Our workers’ compensation lawyers can answer any questions you may have, including questions related to:
Your case is in excellent hands when you engage Philip J. Fulton Law Office. Mr. Fulton has represented injured workers and disability claimants since 1980, and he has earned numerous accolades for doing so.
Mr. Fulton is listed in The Best Lawyers in America and Ohio Super Lawyers. He was given the Distinguished Service Award in 1994 and 2002 by the Ohio Academy of Trial Lawyers, and in 1997, he was inducted into the Ohio Academy of Trial Lawyers Association Workers’ Compensation Hall of Fame. He has been recognized twice as Best Lawyers in America’s Lawyer of the Year for Workers’ Compensation.
He has been the chairperson of the Ohio Academy of Trial Lawyers’ Workers’ Compensation Section, and he is a past president of the Ohio Association for Justice.
Mr. Fulton frequently presents classes and seminars about workers’ compensation for such prestigious groups as the National Business Institute, the Ohio State Chiropractic Association, the Ohio Self-Insured Association, NFIB, and the AFL-CIO.
In addition to all those credentials, you want Philip J. Fulton or a lawyer from our law firm to represent you because he literally wrote the book on Ohio workers’ compensation. In fact, it’s called Ohio Workers’ Compensation Law.
Both workers’ compensation practitioners who represent injured workers and those who represent employers use this book as a reference tool and guide for their practices. The book includes a detailed history and analysis of the current state of Ohio workers’ comp law. Subjects Mr. Fulton covers in this detailed text include:
This highly specific level of insight into every facet of Ohio workers’ compensation laws gives Mr. Fulton and his team an edge at both the negotiating table and during hearings before the Ohio Industrial Commission. That’s an advantage you’ll want when results matter most.
Working with an experienced attorney provides essential guidance through each stage of your workers’ compensation claim. Your lawyer will protect your rights when dealing with your employer’s compensation insurance carrier. The process begins with reporting your job-related injury to your employer and seeking immediate medical attention from approved medical providers.
Your attorney will coordinate required medical exams and document how your injuries affect your ability to work. They will work alongside your medical providers to support a treatment plan that may include physical therapy or other necessary rehabilitation services. Throughout this process, your lawyer will communicate with the insurance company to advocate for your interests and obtain appropriate medical benefits. A detailed understanding of workplace safety regulations and reporting requirements strengthens your claim from the beginning.
Trying to handle your own workers’ compensation claim can be a stressful experience. You might be wondering how to initiate your claim, what evidence you’ll need to support it, and what to do if your claim gets denied. Fortunately, you don’t have to do that yourself, because our Columbus -based attorneys can do it all for you. We can:
Whether you engage our law firm at the beginning of your workers’ compensation case, after your claim has been denied, or when you need to file a higher-level appeal, let our attorneys do the hard work so you can concentrate on resting and getting better.
Understanding the full scope of workers’ compensation benefits is critical for injured workers seeking support during their recovery period. The Ohio workers’ compensation system provides multiple forms of assistance, and knowing your rights helps you access the full range of benefits available. Our law firm has extensive experience helping workers obtain these essential benefits under compensation law. Your ability to work, severity of injury and long-term prognosis all factor into determining which benefits apply to your situation. The main categories include:
Your weekly wages determine the amount of compensation available to you. In cases of partial disability, you might return to modified job duties while receiving benefits.
Workers’ compensation provides different benefits than personal injury cases. Unlike personal injury lawsuits, workers’ compensation does not allow punitive damages. However, it provides benefits without requiring proof that your employer was at fault. This no-fault system streamlines the process of receiving compensation while protecting employers from litigation.
This system serves as the primary remedy against employers for job injuries. Your insurance company typically handles all medical costs and wage replacement according to state regulations. Third-party claims remain possible when someone other than your employer contributed to your injury. Knowing these differences helps workers understand their legal options better.
The range of injuries covered by workers’ compensation is extensive, and understanding the various types helps workers recognize when they may have a valid claim. Our attorneys represent workers dealing with numerous workplace injuries and conditions, including:
Each injury presents distinct challenges when determining permanent disability status or the need for vocational rehabilitation. We collaborate with medical professionals to document your condition thoroughly, helping you receive appropriate compensation for your workplace injury or illness. Our track record shows consistent results in obtaining fair compensation for clients facing serious workplace injuries and occupational health conditions.
Our services are available on a contingency fee basis, which means we ask for payment only if we are successful in getting you the benefits you need.
To learn more, call 614-224-3838 or send us an email to discuss your case with one of our Columbus workers’ compensation attorneys. We help clients who have been injured in the workplace throughout Ohio.
As your workers’ compensation claim is processed, you may read or hear about some of the following terms. We’ve provided a basic definition of each one, but to understand how the term relates to your case, contact our office.
The Ohio Bureau of Workers’ Compensation or BWC, provides workers’ compensation insurance for the state’s private and public employers. The BWC is the sole provider of workers’ compensation insurance for state-fund employers. Private and public employers may also be approved to be self-insured and pay benefits directly. The BWC administers claims and pays benefits to injured workers.
If you have a dispute with how the BWC administers your workers’ compensation claim, or if your claim is denied, you can appeal to the Industrial Commission (IC) of Ohio. The IC conducts thousands of hearings on disputes each year. The agency also determines eligibility for permanent total disability benefits and reviews lump sum settlements for fairness, but the BWC or the employer determines the settlement amount through negotiation.
In Ohio, the BWC requires that employers participating in the state’s workers’ compensation insurance plan choose a managed care organization or MCO, to coordinate claims filed by their company’s workers. MCOs are paid directly by the Ohio BWC through the Health Partnership Program (HPP) to medically manage claims. There is no direct cost to the employer for these services.
MCOs actively manage injured worker claims, ensuring that workers receive appropriate care from a small network of approved providers. They also authorize medical treatment, process medical bills and facilitate return-to-work programs.
If you are left with ongoing symptoms after receiving treatment for your injury, you may be eligible for a permanent partial disability (PPD) award. You may file for a PPD award not earlier than 26 weeks after the date of the injury (if no compensation was paid) or not earlier than 26 weeks after the date of termination of the latest period of payments for temporary total disability or wage-loss compensation.
To qualify for PPD, you will undergo a medical exam and receive a percent-based rating of permanent disability. Each percentage point is equal to weeks of PPD benefits. A 15% disability rating is used as a 30-week multiplier for the PPD award calculation, which is paid at a rate of 66 2/3% of your average weekly wage, subject to the statewide maximum weekly PPD rate.
The weekly PPD rate is 66 and 2/3% of your average weekly wage but is legally capped at one-third of the Statewide Average Weekly Wage (SAWW) for the year of injury. The lump sum amount is the weekly rate (subject to the SAWW cap) multiplied by the number of weeks of PPD payments.
The temporary total disability benefit (TTD) is one that injured workers often receive first. It is intended as a wage replacement for workers who cannot return to work yet or whose employer does not have work available that would meet the restrictions of the BWC-certified physician overseeing their case. The BWC does not pay temporary total disability (TTD) for the first seven days of disability unless the disability lasts 14 calendar days or more, in which case the first seven days are then paid retroactively.
Maximum medical improvement, or MMI, refers to when you have reached the point in your medical treatment where your physician of record (certified by the BWC) or an independent medical examiner determines your injury is unlikely to improve significantly with additional treatment.
Once you have reached MMI, your TTD benefits will end, but you may be eligible for work retraining if you cannot return to your old job or apply for permanent total disability benefits if you cannot work at any job.
Voluntary abandonment is a frequently contested issue in workers’ compensation cases in Ohio. It is often invoked by employers if an injured worker knowingly violates a company policy that’s under their control. Voluntary abandonment can lead to the termination of TTD benefits and complicate claims for permanent total disability benefits. If you receive paperwork related to voluntary abandonment from your employer related to your benefits, contact an Ohio workers’ compensation attorney immediately.
A lump sum settlement (LSS) with the BWC provides you with a one-time payout of your financial benefits under the workers’ compensation program. The LSS is negotiated between you, your employer and the BWC. You may forgo any future claims or benefits related to this injury in the LSS, or you may choose an indemnity-only settlement, which leaves open the option to claim future medical expenses related to the injury.
If you were injured at work because your employer did not follow a required safety rule, you can apply for the Violation of a Specific Safety Requirement (VSSR) Award. VSSR determinations are handled by the Ohio Industrial Commission. If a VSSR is found, the Industrial Commission will penalize the employer by requiring them to pay an additional award to you, the injured worker, equal to 15 to 50% of the maximum weekly compensation rate that was established for your claim.
Philip J. Fulton Law Office invites you to explore our website as you seek answers to your questions about workers’ compensation in Ohio. For more personalized answers, feel free to contact us. Initial consultations are always free. Meanwhile, here, we offer a sampling of questions and answers that we have discussed with many clients.
Navigating a workers’ compensation claim on your own can be next to impossible if you have no legal experience. Workers’ compensation claims in Ohio are largely governed by one statute, the Ohio Revised Code Chapter 4123.
This area of law is very nuanced, and it only takes a slight misstep to derail your claim. For instance, there are strict deadlines. Claims must be filed within one year of the date of your injury or when you first discovered that you were suffering from a work-related illness.
Another good reason to call a workers’ compensation attorney is because you need to have someone fighting for your best interests. While your employer and the insurer may seem cooperative, they will have legal representation behind them to protect their interests. Having your own representation evens the playing field and helps ensure that you receive the benefits you are entitled to.
It is generally a good idea to start documenting the details of your injury as soon as possible. It’s also advisable to report your injury to your employer in writing. The more evidence you have to show that your injury was work-related, the more likely the chances of success in your claim.
The next step is to seek a proper medical evaluation. In emergency scenarios, you should see the first available medical practitioner. However, the BWC has a list of approved medical providers that will also need to evaluate your injury. Medical records are crucial to workers’ compensation claims, and this step cannot be overlooked.
All workers’ compensation claims in Ohio are filed through the Ohio Bureau of Workers’ Compensation (BWC). Your claim officially begins when you file a First Report Of Injury (FROI) form with the BWC. In some cases, the employer does this on behalf of the worker, but it is something that should always be double-checked. An experienced workers’ compensation lawyer can help make sure everything is completed correctly.
No. Workers’ compensation takes the place of any opportunity for lawsuits against employers. It is designed to ensure that injured workers receive appropriate medical care after on-the-job injuries without tying up the courts and resources with lengthy litigation. On the other hand, sometimes a workplace injury results in an opportunity for a lawsuit against a third party such as a manufacturer or subcontractor.
This phrase refers to the legal situation when someone other than an injured worker’s employer is responsible for an on-the-job injury. A detailed investigation into the circumstances behind a workplace injury may uncover a responsible third party such as a tool manufacturer or a property owner.
Yes, if you qualify for both. The two programs are completely separate and have different criteria. Dollar amounts of your benefits may be affected if you are receiving both. For more details appropriate to your case, talk to one of our disability attorneys.
It is very likely that a settled workers’ comp claim could, in fact, affect your eligibility for benefits payable through other programs. However, a short answer here will not do justice to the complexities involved in individual cases. A personalized evaluation is the next step you need to take if this may be true for you. Note: Through the use of the proper language in your workers’ compensation settlement and the use of a Medicare set-aside, you may be able to protect your Social Security Disability benefits and your eligibility for benefits. There is no substitute for an experienced disability lawyer’s analysis, guidance and advocacy in such a case.
Our services are available on a contingency fee basis, which means we only ask for payment if we are successful in getting you the benefits you need.
To learn more, call 614-224-3838 or send us an email to discuss your case with one of our Columbus, workers’ compensation attorneys. We help employees who have been injured at work throughout the state of Ohio.
