Ohio requires that most employers carry workers’ compensation insurance, which provides coverage for both full-time and part-time employees, including seasonal workers. This means if you get injured while performing your job duties, you are eligible to file a claim—even if your job is temporary or short-term.

Common Injuries in Seasonal Jobs

Seasonal jobs can sometimes be fast-paced and physically demanding, increasing the risk of injury. Here are a few common injuries seasonal workers may encounter:

• Warehouse Injuries: Strains from lifting heavy items or slips and falls.
• Retail Injuries: Trips and falls, back injuries from stocking shelves, or accidents involving ladders.
• Outdoor Work Injuries: Heat-related illnesses, falls, or injuries from equipment.

What to Do If You’re Injured on the Job

If you experience an injury at work, follow these steps to protect your right to compensation:

1. Report the Injury Immediately: Ohio law requires you to notify your employer as soon as possible after an injury. Failing to report in a timely manner could jeopardize your claim.
2. Seek Medical Treatment: Get medical attention right away, even if your injury seems minor. Your employer may recommend a healthcare provider, but in Ohio, you are free to choose your own doctor from the Bureau of Workers’ Compensation (BWC) network.
3. File a Claim: You (or your employer) must file a First Report of Injury (FROI) with the Ohio BWC. This begins the official claims process.

How an Attorney Can Help With Seasonal Job Claims

While seasonal workers are entitled to the same benefits as full-time employees, filing a claim can be challenging. Here are a few reasons hiring a workers’ compensation attorney may be a smart move:

• Clarifying Eligibility: Some employers might mistakenly tell workers they aren’t eligible because they are seasonal. An attorney can verify your eligibility under Ohio law.
• Appealing a Denial: If your claim is denied, an attorney can help you navigate the appeals process, which can be complex.
• Ensuring Maximum Benefits: Temporary and seasonal jobs often lack clarity around wages and hours worked, which can affect how benefits are calculated. An attorney can help ensure you get the compensation you deserve.

What Benefits Are Available?

Seasonal workers injured on the job in Ohio may be eligible for:

• Medical coverage for necessary treatments related to the injury.
• Temporary Total Compensation (TTC): If your injury prevents you from working, you may receive a portion of your lost wages during recovery.
• Rehabilitation services to help you return to work.

Conclusion: Know Your Rights

Whether you’re working a holiday shift at a retail store or doing outdoor labor, your safety matters. Ohio’s workers’ compensation laws are designed to protect all employees—seasonal workers included. If you’ve been injured on the job, acting quickly and seeking legal help can make all the difference in securing the benefits you need.

If you have questions about filing a workers’ compensation claim or your claim has been denied, we’re here to help. Contact us today for a free consultation. We’ll guide you through the process and ensure you get the support you need.

When you’re injured on the job, one of the first questions that comes to mind is, “Will I still get paid while recovering?” It’s a natural concern—after all, bills don’t stop just because you’re hurt. Let’s break down how workers’ compensation works in Ohio and what you can expect when it comes to receiving payments while you’re unable to work.

What Is Workers’ Compensation?

Workers’ compensation is a system designed to provide financial assistance to employees who are injured or become ill due to their job. In Ohio, workers’ compensation benefits can help cover medical expenses, lost wages, and rehabilitation costs. The idea behind it is simple: to support workers while they recover and get back on their feet without the burden of lost income weighing them down.

Do I Get Paid Immediately After My Injury?

Not exactly. In Ohio, there’s a waiting period before you start receiving payments. If your injury forces you to miss more than seven days of work, you’re eligible for workers’ compensation wage benefits. If you’re off work for 14 or more consecutive days, the Bureau of Workers’ Compensation (BWC) will retroactively pay you for the first seven days as well.

How Much Will I Get Paid?

Workers’ compensation generally covers a portion of your lost wages, but it won’t match your regular paycheck exactly. Here’s how it works in Ohio:

• For the first 12 weeks after your injury, you will typically receive 72% of your full weekly wage, which is based on your earnings prior to the injury.
• After 12 weeks, your compensation changes to 66 2/3% of your average weekly wage, calculated from your previous 52 weeks of earnings.

Keep in mind that there are maximum limits to how much you can receive, based on statewide averages, and some higher earners might see their benefits capped.

Can I Get Back Pay?

If your injury or illness causes you to miss more than 14 days of work, you can receive back pay for the first week of missed work. This back pay is typically included with your next scheduled compensation payment.

Are There Any Other Types of Benefits?

Yes! If your injury is more severe and prevents you from working for an extended period, you may be eligible for long-term benefits. There are different types of compensation depending on your recovery and ability to return to work:

• Temporary Total Disability (TTD) – This is for employees who can’t work for a temporary period due to their injury.
• Permanent Partial Disability (PPD) – If your injury leaves you with a lasting impairment but you can still work, you may be compensated for the partial loss of function.
• Permanent Total Disability (PTD) – This is for employees who are permanently unable to return to any form of work due to their injury.

What If My Claim Is Denied?

It’s not uncommon for workers’ compensation claims to be denied for various reasons, but that doesn’t mean it’s the end of the road. You have the right to appeal, and having a workers’ compensation attorney, like myself, can help guide you through the process. We’ll work together to gather the necessary evidence and build a strong case so you can receive the benefits you deserve.

Getting the Help You Need

Recovering from a workplace injury can be stressful enough without the added financial burden. Workers’ compensation is there to ease that pressure, but the process isn’t always simple. If you’re struggling with your claim or just have questions about your benefits, I’m here to help.

I’ve spent years advocating for injured workers throughout Columbus and beyond. I understand how important it is to receive the compensation you’re entitled to while you heal, and I’m committed to making sure the system works for you.

If you have questions or need assistance with your workers’ compensation claim, don’t hesitate to reach out. Your recovery is my top priority, and together, we can make sure you get the support you need.

As a workers’ compensation lawyer in Columbus, Ohio, I’ve seen many cases where employees are unsure about their rights regarding occupational diseases. It’s crucial to understand that you have the right to compensation for work-related illnesses, just as you do for physical injuries. Let’s break down what constitutes an occupational disease and how you can file a successful claim.

What Is an Occupational Disease?

An occupational disease is a condition that arises due to the nature of your job. Unlike sudden accidents, these diseases develop over time due to repeated exposure to harmful conditions or substances at work. Examples include:

• Respiratory diseases from inhaling dust, chemicals, or other hazardous substances.
• Skin conditions from contact with irritating or sensitizing chemicals.
• Hearing loss from prolonged exposure to loud noises.
• Repetitive strain injuries like carpal tunnel syndrome from repetitive motions.

Case Examples

To give you a better understanding, let’s look at some real-life examples:

– MRSA Infections: In a notable case, an employee contracted a MRSA infection due to cuts and scrapes at work. Initially, the claim was denied because there was no direct evidence linking the infection to the workplace. However, upon appeal, the court recognized the infection as a sequela (a condition resulting from a previous disease or injury) of the work-related injuries, granting the employee the benefits.

– Hearing Loss: Gradual hearing damage from constant noise exposure is another common occupational disease. If your job involves working in a loud environment without adequate hearing protection, you may develop hearing issues over time. Filing a claim for such conditions can help you get the compensation needed for medical treatment and hearing aids.

Filing a Claim for Occupational Diseases in Ohio

Here are the steps to file a workers’ compensation claim for an occupational disease in Ohio:

1. Seek Medical Attention: The first step is to get a medical diagnosis of your condition. Your doctor can provide crucial evidence linking your disease to your job.

2. Notify Your Employer: You must inform your employer about your condition as soon as possible. In Ohio, you have two years from the date of diagnosis to file a claim.

3. Gather Evidence: Collect all relevant documents, including medical records, work history, and any other evidence showing your exposure to harmful conditions at work. Witness statements from coworkers can also support your claim.

4. File Your Claim: Submit your claim to the Ohio Bureau of Workers’ Compensation (BWC). You can do this online or through paper forms. Ensure all information is accurate and complete to avoid delays. (We can do this for you can learn how to file a claim here.)

5. Legal Assistance: It can be beneficial to consult with a workers’ compensation lawyer to ensure your claim is robust and all necessary documentation is in place. A lawyer can also help if your claim is initially denied and you need to appeal.

Why Legal Help Is Important

Occupational disease claims can be more complex than claims for acute injuries. Employers and insurance companies may dispute the connection between your disease and your job. Having an experienced lawyer can make a significant difference in proving your case and securing the benefits you deserve.

If you suspect you have an occupational disease related to your job, don’t hesitate to seek legal advice. Contact our office for a consultation, and we’ll help you navigate the workers’ compensation system to protect your rights and ensure you receive fair compensation.

Conclusion

Understanding your rights regarding occupational diseases is essential for securing the benefits you need to manage your health and livelihood. If you’re dealing with a work-related illness, take action promptly to protect your rights. For more information or assistance with your claim, feel free to reach out to our office.

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If you need further assistance or have any questions, please don’t hesitate to contact us. Your health and rights are our top priority, and we’re here to help you every step of the way.

For those injured at work, workers’ compensation is there to help cover medical expenses, lost wages, and other unforeseen expenses. However, the legal aspects can be overwhelming, which is why having a professional workers’ compensation attorney on your side can make all the difference.

In this article, we’ll break down the advantages of hiring a workers’ comp attorney, even if it’s not us.

1. Expert Knowledge of Workers’ Compensation Laws

When it comes to workers’ compensation laws, it’s like navigating a complex maze. But fear not! Your workers’ compensation attorney is well-versed in these laws and has the expertise to guide you through the process smoothly. With their knowledge, you can rest assured that your claim is built on a solid foundation, maximizing your chances of success.

2. Protection of Your Legal Rights

Your rights as an employee must be protected, and that’s precisely what a workers’ compensation attorney does. They act as your advocate, ensuring that you receive fair treatment from your employer and the insurance company. With their professional approach, you can trust that your rights will be safeguarded throughout the entire process.

3. Guidance through the Claim Process

The claim process can be daunting, with numerous forms and deadlines to manage. Luckily, your attorney is here to lend a helping hand! They will walk you through each step of the process, making sure that all necessary documentation is accurately completed and submitted on time. This minimizes the risk of administrative errors and ensures a smooth journey toward your claim.

4. Accurate Assessment of Compensation

Calculating fair compensation for your injuries can be a complex task. Fortunately, your attorney is equipped with the skills to assess the full extent of your injuries, medical expenses, and potential long-term effects accurately. With this information, they can negotiate a fair settlement on your behalf or represent you in court to pursue the rightful compensation.

5. Skilled Negotiation with Insurance Companies

Dealing with insurance companies can be tricky, but your workers’ compensation attorney has it covered! They are well-acquainted with the tactics insurance companies use to minimize payouts. With their negotiation prowess, they will ensure you are treated fairly and prevent you from falling into any unfair traps.

6. Expertise in Handling Appeals and Litigation

If your claim is denied or if you encounter obstacles along the way, don’t worry! Your attorney is prepared to take the necessary legal actions. They will skillfully handle the appeals process or represent you in court, making a compelling case on your behalf.

What if I can’t afford to hire a workers’ comp attorney?

Stick with us. You pay us $0 until we win your case. Plus, your case review is free. Give us a call.

Having a workers’ compensation attorney is not just a luxury – it’s a wise choice. Their professional expertise, friendly guidance, and legal prowess make them an essential partner when dealing with workplace injuries. With them by your side, you can rest assured that your rights are protected, and your claim is in capable hands.

Accidents can happen anywhere, and the workplace is no exception. Whether you work in an office, a construction site, or a factory, knowing what steps to take after an accident is crucial for your well-being and the integrity of the incident reporting process. If you’ve suffered a job-related injury, here are a few important steps on what to do after an accident at work and how to protect your legal rights.

Prioritize Safety:

• The immediate concern after an accident is safety. Ensure that everyone involved, including yourself, is in a safe location.
• If there are any ongoing hazards (such as exposed wires or spilled chemicals), take steps to mitigate them or inform the relevant personnel.

Seek Medical Attention:

• If the accident results in injuries, seek medical attention promptly. Don’t underestimate the importance of getting a thorough medical evaluation, even if injuries seem minor at first.
• Report all injuries, no matter how insignificant they may seem, to your supervisor or HR department.

Report the Incident:

• It is up to your employer to file a workers’ compensation claim with their insurance company on your behalf, so it’s vital to inform your supervisor or manager about the accident as soon as possible. Many companies have specific procedures for incident reporting, so make sure to follow them closely.
• Provide a detailed and accurate account of what happened, including any contributing factors or witnesses.

Document the Scene:

• Take photos of the accident scene, if possible, and gather any relevant evidence. This documentation can be crucial for insurance claims or legal proceedings.
• Write down your own account of the incident while the details are fresh in your memory.

Witness Statements:

• If there were witnesses to the accident, ask for their contact information. Their statements can provide valuable corroboration of your account.
• Encourage witnesses to report the incident to their supervisors or HR as well.

Follow Company Procedures:

• Familiarize yourself with your company’s policies and procedures regarding workplace accidents. This may include filling out specific forms or attending meetings with safety officers.
• Cooperate fully with any internal investigations that may take place.

Legal Assistance:

• If the accident results in serious injuries or if you encounter difficulties in the aftermath, consider seeking legal advice.
• A workers’ compensation attorney can help protect your rights and guide you through the process.

Recovery and Rehabilitation:

• Follow any prescribed medical treatments and rehabilitation plans diligently.
• Keep your employer informed about your progress and any adjustments needed for a safe return to work.

If You Run Into Trouble, See a Workers Compensation Lawyer

You may want to consult an attorney with experience handling workers’ compensation claims. An initial consultation is usually free and an attorney can help you determine what benefits you may be entitled to receive.

Experiencing an accident at work can be distressing, but knowing how to navigate the aftermath is crucial for your well-being and the integrity of the incident reporting process. By prioritizing safety, seeking medical attention, and following the proper procedures, you can contribute to a smoother resolution and help prevent future incidents. Remember, your health and safety are paramount, and taking the right steps after an accident is an essential part of ensuring a positive outcome.

If you’ve suffered a workplace injury, it’s important to understand the duration of workers’ compensation benefits to ensure your financial and emotional well-being. In this article, we will explore the time limits, conditions, and important considerations for those seeking workers’ compensation benefits in Ohio.

How Long Can You Receive Workers’ Comp Benefits in Ohio?

Workers’ comp provides crucial financial support to employees injured on the job in Ohio. The duration of these benefits can vary depending on several factors, such as the severity of the injury, the progress of your recovery, and the type of benefits awarded. Let’s discuss the different types of benefits and their payout duration.

What Types of Disability Benefits Are Available to Workers Injured on the Job?

Temporary Total Disability (TTD) Benefits:
If your injury prevents you from working for a period, you may be eligible for Temporary Total Disability (TTD) benefits for a maximum of 200 weeks (about 4 years). There are specific circumstances that can lead to early termination of these benefits, such as when a physician determines that your recovery is either complete or has reached a plateau and is not expected to get better with further treatment.

Permanent Partial Disability (PPD) Benefits:
If your work injury results in a permanent impairment but doesn’t entirely prevent you from working altogether, you may qualify for Permanent Partial Disability (PPD) benefits. The percentage of your impairment will determine the duration of PPD benefits. The higher your impairment, the longer the duration (200 weeks max).

Wage Loss Benefits In Ohio:
Wage loss benefits may be available if you’ve returned to work but are earning less than you did before your injury. This benefit is also capped at 200 weeks.

Lifetime Benefits:
For certain catastrophic injuries such as paralysis or severe brain injury, you may be eligible for lifetime benefits.

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While the above guidelines provide a general idea of the duration of workers’ compensation benefits, there are crucial considerations to keep in mind:

1. Medical Documentation: To maintain your benefits, you must provide thorough medical documentation and regularly attend medical appointments. Failure to do so may result in the termination of your benefits.
2. Maximum Medical Improvement (MMI): Benefits may end when a physician determines that you’ve reached MMI, meaning your condition has stabilized and further medical treatment will not significantly improve your health.
3. Vocational Rehabilitation: In some cases, vocational rehabilitation may be offered to help you re-enter the workforce. The duration and success of such programs can affect your benefits.
4. Legal Assistance: Navigating the workers’ compensation system can be complex. Consulting with an experienced workers’ comp attorney can help you understand your rights and advocate for your best interests throughout the process.

Remember that this article is a general overview and that unique circumstances may differ. Always consult with a qualified workers’ comp attorney to receive personalized guidance. We can help ensure that you receive the benefits you deserve while protecting your rights during your recovery.

If you have more questions or need assistance with your workers’ compensation claim, reach out to us. We’re here to help you through this challenging time and provide legal support.

Stay informed, stay safe, and remember, you don’t have to navigate the workers’ compensation system alone. Call Tom Marchese.

Greetings! Accidents at the workplace can be quite challenging to deal with, but luckily, workers’ compensation is there to help. However, the legal aspects can be overwhelming, which is why having a professional workers’ compensation attorney on your side can make all the difference.

In this article, we’ll break down the advantage of hiring a workers’ comp attorney, even if it’s not us.

1. Expert Knowledge of Workers’ Compensation Laws

When it comes to workers’ compensation laws, it’s like navigating a complex maze. But fear not! Your workers’ compensation attorney is well-versed in these laws and has the expertise to guide you through the process smoothly. With their knowledge, you can rest assured that your claim is built on a solid foundation, maximizing your chances of success.

2. Protection of Your Legal Rights

Your rights as an employee must be protected, and that’s precisely what a workers’ compensation attorney does. They act as your advocate, ensuring that you receive fair treatment from your employer and the insurance company. With their professional approach, you can trust that your rights will be safeguarded throughout the entire process.

3. Guidance through the Claim Process

The claim process can be daunting, with numerous forms and deadlines to manage. Luckily, your attorney is here to lend a helping hand! They will walk you through each step of the process, making sure that all necessary documentation is accurately completed and submitted on time. This minimizes the risk of administrative errors and ensures a smooth journey toward your claim.

4. Accurate Assessment of Compensation

Calculating fair compensation for your injuries can be a complex task. Fortunately, your attorney is equipped with the skills to assess the full extent of your injuries, medical expenses, and potential long-term effects accurately. With this information, they can negotiate a fair settlement on your behalf or represent you in court to pursue the rightful compensation.

5. Skilled Negotiation with Insurance Companies

Dealing with insurance companies can be tricky, but your workers’ compensation attorney has it covered! They are well-acquainted with the tactics insurance companies use to minimize payouts. With their negotiation prowess, they will ensure you are treated fairly and prevent you from falling into any unfair traps.

6. Expertise in Handling Appeals and Litigation

If your claim is denied or if you encounter obstacles along the way, don’t worry! Your attorney is prepared to take the necessary legal actions. They will skillfully handle the appeals process or represent you in court, making a compelling case on your behalf.

What if I can’t afford to hire a workers’ comp attorney?

Stick with us. You pay us $0 until we win your case. Plus, your case review is free. Give us a call.

In conclusion, having a workers’ compensation attorney is not just a luxury – it’s a wise choice. Their professional expertise, friendly guidance, and legal prowess make them an essential partner when dealing with workplace injuries. With them by your side, you can rest assured that your rights are protected, and your claim is in capable hands.

Remember, we want you to have the best possible outcome and get the compensation deserve, even if you don’t choose us to represent you. When faced with a workplace injury, don’t hesitate to reach out to a workers’ compensation attorney – they’ll be your reliable partner throughout the entire process.

After a workplace injury, you’re counting on your workers’ comp benefits to help pay your medical bills and help you get by financially until you’re able to return to work. Unfortunately, your employer (or the workers’ compensation insurance carrier) had different plans.

As with any insurance claim, there are important deadlines, rules, and exceptions that will ultimately determine if the claim is approved.

If your workers’ comp claim was denied, the first thing you need to do is determine the reason why. This should be in your denial letter as well.

Here are some common reasons for a denial of workers’ comp benefits: (This is not an exhaustive list and an experienced Ohio workers’ comp attorney will be able to assess your case in detail.)

• You didn’t report your injury within the deadlines given.  While you should notify your employer immediately following the injury, the Ohio statute of limitations for filing a workers’ compensation claim is one year.
• No one witnessed your accident. Whether your witness was a coworker or even a surveillance video, any proof that can verify how you became injured can drastically help your case. If you know that your accident had no witnesses, it should encourage you to report your injuries to your employer immediately and get prompt medical attention.
• Your accident report or medical records seem suspicious. Your employer’s workers’ compensation insurance carrier will be tediously going through your claim with a fine-toothed comb. If your report differs from those of your coworkers or your doctor, or if your medical records show that you had drugs or alcohol in your system at the time of the accident, it will be very difficult to get workers’ compensation benefits.
• You refused to cooperate during the claims process. Being cautious when dealing with insurance companies is always advisable, and it’s a good idea to consult with an attorney before signing or recording any statements or documents. Oftentimes, your signature or recorded statements aren’t required to obtain benefits, but many insurers will try to use this as an excuse to deny your claim. This is usually not a valid reason to deny a claim, and an attorney can help you sort this out in an appeal.
• Your employer or their workers’ comp insurer made a mistake or is being difficult. Often, employees can follow procedure by the book when it comes to reporting their injuries and filing claims, but they’re still denied benefits. Whether the employer or their carrier overlooked a key detail or simply made a mistake, a workers comp attorney can help you appeal your denial if your case is sound.

Now that you understand why your workers’ compensation claim has been denied, there are several steps you can take:

1. Review the denial letter: Carefully read the denial letter provided by your employer’s insurance company. Understand the specific reasons for the denial and any deadlines for appealing the decision.
2. Consult an attorney: Consider seeking legal advice from an attorney who specializes in workers’ compensation. They can assess your case, explain your rights, and guide you through the appeals process.
3. Gather supporting evidence: Collect any relevant documents, such as medical records, incident reports, witness statements, and other evidence that supports your claim. This evidence can be crucial when appealing the denial.
4. File an appeal: Follow the instructions provided in the denial letter to file an appeal within the specified timeframe. Be sure to include any additional evidence or documentation that supports your case. Depending on your jurisdiction, there may be multiple levels of appeals, so be prepared for the process to take time.
5. Attend hearings or mediation: In some cases, you may be required to attend hearings or mediation sessions as part of the appeals process. These proceedings allow you to present your case and provide further evidence supporting your claim.
6. Keep records: Maintain a detailed record of all communications, including dates, times, and the individuals you speak with regarding your claim. This documentation can be valuable if there are any disputes or misunderstandings during the appeals process.
7. Follow up: Stay in touch with your attorney and the relevant parties involved in your claim. Keep track of any updates or requests for information and respond promptly.

Remember, the workers’ compensation process can be complex, and outcomes vary depending on the circumstances. Seeking legal advice and assistance from an experienced workers’ comp attorney is often beneficial when navigating the appeals process.

One of your most important rights as an injured worker in Ohio is your right to appeal a workers’ compensation claim denial. If you have been denied benefits for any reason, workers’ compensation attorney Tom Marchese can help. Schedule your free consultation with us today to discuss your case.

The three most important things to remember about a workers’ compensation settlement are:

1. Settlements are voluntary. No one can force you to settle your case for an amount you don’t agree with.
2. Most settlements will stop the payment of compensation and medical payments in exchange for a lump sum of money.
3. In Ohio, if the employer is not self-insured and the claim is older than five years, it is not necessary to have an agreement from the employer to settle. In those cases, the injured worker can settle directly with the BWC and the employer cannot stop the settlement.

Many injured workers call me and want to know how long it takes to settle a case and how much their case is worth.

The value of a workers’ compensation case depends on how serious the injury was and how much compensation and medical bills were already paid. A settlement is based on how much compensation will be paid in the future, not how much has already been paid.

A serious injury involving surgery or other significant treatment will be worth more than an injury with sprains and strains of muscles.

This leads to the big question: How long will it take?

On average, once medical treatment has ended, a settlement can be reached in as little as two or three months so long as the parties can agree on an amount.

An attorney can evaluate your case at no cost to you. The attorney must review the medical records and reports to form an intelligent opinion on any case.

If you are not receiving ongoing medical treatment or compensation, waiting to settle your case may lead to a smaller settlement. Therefore, it is important to contact an attorney as soon as possible to discuss a settlement.

When you get injured on the job, workers’ compensation benefits can cover your medical bills and replace some of your lost wages. This system gives workers the time and financial support to recover from their injuries and return to the workforce.

However, workers’ comp benefits do not replace all of your lost wages, and if you are a noncustodial parent with child support obligations, a significant reduction in your monthly income can be a big concern.

Ohio takes child support obligations very seriously. Each parent has a legal responsibility to provide financial support for their children while they remain dependent, and that responsibility does not change when parents get hurt.

Will My Workers’ Compensation Be Taken to Pay for Child Support?

In some cases, yes. Workers’ compensation benefits can be withheld to pay for child support.

Although the benefits you receive for medical costs should go directly to your medical bills, a portion of your wage-loss benefits can be taken to cover any child support obligations.

If you receive monthly workers’ comp benefits for temporary total disability or temporary partial disability, up to 25% of your monthly benefits are subject to wage garnishment.

If you have no current child support obligations and your wages are being garnished for arrearages only, the maximum amount of withholding is reduced to 15%.

If you receive a lump-sum award for benefits, up to 50% of the lump-sum award may be subject to garnishment.

If you receive monthly permanent total disability or permanent partial disability benefits, up to 50 percent of your monthly benefits are subject to garnishment.

If you receive a settlement payment from a disputed workers’ comp claim, up to 50% of the proceeds from the settlement are subject to garnishment.

Do I Have to Pay Less Child Support Since Workers’ Compensation Pays Me Less Than What I Was Earning at Work?

Having to pay for child support when you’re already struggling to cover medical bills and costs of living can be a challenging situation.

If you believe you may be out of work for a while, you can request a modification of your child support order.

The three most important things to remember about a workers’ compensation settlement are:

1. Settlements are voluntary. No one can force you to settle your case for an amount you don’t agree with.
2. Most settlements will stop the payment of compensation and medical payments in exchange for a lump sum of money.
3. In Ohio, if the employer is not self-insured and the claim is older than five years, it is not necessary to have an agreement from the employer to settle. In those cases, the injured worker can settle directly with the BWC and the employer cannot stop the settlement.

Many injured workers call me and want to know how long it takes to settle a case and how much their case is worth.

The value of a workers’ compensation case depends on how serious the injury was and how much compensation and medical bills were already paid. A settlement is based on how much compensation will be paid in the future, not how much has already been paid.

A serious injury involving surgery or other significant treatment will be worth more than an injury with sprains and strains of muscles.

This leads to the big question: How long will it take?

On average, once medical treatment has ended, a settlement can be reached in as little as two or three months so long as the parties can agree on an amount.

An attorney can evaluate your case at no cost to you. The attorney must review the medical records and reports to form an intelligent opinion on any case.

If you are not receiving ongoing medical treatment or compensation, waiting to settle your case may lead to a smaller settlement. Therefore, it is important to contact an attorney as soon as possible to discuss a settlement.