Workers Comp Archives · Page 9 of 10

House Bill 380: No workers’ comp for illegal workers.

Republican lawmakers have crafted a clear message for the illegal immigrant workers in Ohio:

We are not going to allow you to drain our state’s workers comp benefits.

House Representative Bill Seitz (R-Green Township) stated: “Every dollar that is spent on immigrants here illegally is a dollar that could be paid to a legal immigrant or citizen who is hurt at work.” Together with Rep. Larry Housholder (R-Glenford), they introduced Bill 380 (passed by the House) that would prevent illegal workers from collecting state workers compensation benefits if injured on the job. How much Ohio currently awards illegal immigrants is unclear because officials don’t ask about employee’s legal status.

In an interview with The Enquirer, Seitz said that immigrants working in Ohio illegally are not permitted to receive unemployment compensation, food stamps or Medicaid, except in emergency situations. Workers’ compensation shouldn’t be any different.

The proposal also permits the injured worker to sue his employer if he can prove that the employer knew the worker was here illegally.

According to Seitz, this adds some protection against unscrupulous employers who already face stiff federal fines for employing illegals. Representative Dan Ramos (D-Lorain) says that it is nearly impossible to prove that an employer knew workers were here illegally and it could be difficult to sue the employer from a foreign country if the worker is deported. “Workers compensation is a protection for the workers of Ohio,” Ramos said. “Like it or not, some Ohio industries rely on workers here illegally.

We shouldn’t have two sets of rules for workplace safety”. According to Pew Research Center, an estimated 8 million immigrants were working in the United States illegally in 2014. “These workers comprised about 26% of farming jobs and 16% of construction jobs. Those industries are where most work injuries are more likely”, Seitz said.

Some states allow immigrants working in the United States illegally to claim workers’ compensation while others do not. The National Conference of State Legislatures did not have a comprehensive list.

Was your comp claim denied due to alcohol impairment?

Workers Comp

Intoxication can be a technicality that enables an insurance company to build a compelling reason to have your workers comp claim denied.

If the insurance company can prove that your injury was likely caused by your impaired judgement due to alcohol intoxication; you lose. Sometimes a person drinks the night before, then goes to work the next day less than 100%. Maybe you have one too many at an after work holiday party with co-workers who alert management after your injury occurs.

How can the insurance company prove on-the-job alcohol intoxication?

1. If your urine same or blood test show a blood alcohol concentration of .08 or higher at the time of injury, you are legally intoxicated and workers compensation claim can be denied.

2. When the insurance company suspects that you were alcohol-impaired but have no urine same or blood test to admit as evidence. They may have your co-workers testify that you were drunk on-the-job. An effective way to defeat this strategy is to have your co-workers write statements that they worked with you that day, that they observed you, and they believe you were acting normally and had full use of your mental and physical faculties. Armed with these written statements from your co-workers, the judge will examine the evidence and testimonials, then make a ruling.

3. If you are injured at work, immediately get an attorney who specializes in workers comp cases Your attorney may choose to get statements from your co-workers. The testimonials that they may provide could be critical to your success. As such, the insurance company will want to dissuade them for testifying. Let’s get started >

Do I need a lawyer to file for workers comp?

Workers Comp

Workers’ compensation (frequently referred to as “workers’ comp) is the system that compensates employees for workplace injuries without requiring a separate personal injury lawsuit. Employers pay monthly insurance premiums, or self-insure, to hedge against potential liabilities.

Why do you need an attorney to guide you through the process?

Although the system is designed to be “no fault”, successfully claiming workers’ compensation benefits can be a frustrating and complicated process, especially if your claim gets denied.

Partnering with a skilled worker’s’ compensation attorney may ensure that you get maximum compensation for your injuries. Your needs are more than just a basic settlement.

4 Benefits of Using A Workers Compensation Lawyer:

Provide advice on whether your injuries are likely to qualify for worker’s compensation. Some injuries are excluded. Still, a “work-related” injury can encompass a wide range of injuries, including those that occur during a work-sponsored event or on employer-owned grounds. An attorney can advise you on the likelihood that your injury will be covered.

Make sure your claim is filed properly. The first step is filing your new claim. Claims involve multiple forms and Ohio laws have specific requirements that must be met. An attorney can ensure your claim gets filed accurately and in compliance.

Handle appeals. If your claim is denied, you may be able to appeal the decision. In many instances, the benefit compensation may be insufficient to cover your medical bills, time off work and costs you’ve incurred. Your attorney can help you decide whether to continue with a claim or file a civil lawsuit.

Explain other types of benefits that may be available. In some circumstances, workers who are collecting workers’ compensation benefits may be able to collect disability benefits also. Disability benefits and unemployment benefits may also be needed. Your workers’ compensation lawyer can help ensure you get all the benefits you may be entitled to receive.

Therapy before surgery; new BWC rule gets first approval.

Workers Comp

COLUMBUS – On June 23rd, the Ohio Bureau of Workers’ Compensation (BWC) board of directors approved a rule favoring conservative, non-surgical therapy as the initial treatment over spinal fusion surgery (opioids) for workers with lower back injuries.

Under the BWC’s new spinal fusion rule, the agency requires those workers to first undergo at least 60 days of comprehensive conservative care before considering a surgical option. Conservative care includes physical therapy, chiropractic care and rest, anti-inflammatories, ice and other non-surgical treatments.

BWC Administrator/CEO Sarah Morrison states: “Our mission is to get injured workers back to work and back to life as soon as safely possible, and our research shows that rushing to surgery may not be the best path for workers with lower back injuries,”

Several data studies by BWC Chief Medical Officer Dr. Stephen T. Woods, researchers at Case Western University School of Medicine and others found that fusion patients suffered considerably worse outcomes than non-fusion patients. Those outcomes included chronic opioid dependence, increased disability and high rates of failed back syndrome, as well as additional surgery and new psychiatric co-morbidities. One study in the journal Orthopedics found nearly 77% of fusion patients did not return to work within 2 years.

“This is a look-before-you-leap rule,” said Dr. Woods, who specializes in physical medicine and rehabilitation. “We’re not saying injured workers can’t have surgery. We’re simply trying to educate patients and providers as much as possible about the risks involved and requiring other treatment options before choosing surgery. Our research, as well as research throughout the industry, suggests fusion surgery should be limited to patients only when it is clearly indicated.”

Lower back injuries continue to be among the top injury types among Ohio workers each year. Following trends nationwide, the number of lumbar fusion surgeries performed on Ohio workers’ compensation claimants decreased from 1,375 in 2002 to 563 in 2015.

The fusion rule’s goals are to:

Ensure the incorporation of best current clinical practices in the utilization of lumbar fusion surgery in the treatment of injured workers;
Ensure injured workers’ awareness of treatment options for allowed lumbar conditions and increase their awareness of potential outcomes;
Promote, at minimum, a 60 day course of comprehensive conservative care for allowed lumbar conditions unless otherwise indicated, prior to consideration of lumbar fusion surgery;
Provide criteria for consideration of lumbar fusion surgery when the injured worker’s condition has remained unchanged or worsened despite utilization of conservative care.

Exceptions to the rule include:

Conditions that require more immediate intervention, such as spinal fractures, tumors and infections, as well as progressive functional neurological deficits.

The rule does not expressly prohibit opioid use for pain management, but calls for “avoidance when possible.” Under BWC’s new opioid rule passed last year, physicians must follow best practice guidelines when prescribing the drugs or risk sanctions.

The spinal fusion rule now moves to the Joint Committee on Agency Rule Review, a bipartisan panel of state lawmakers. If approved there, it would become effective Jan. 1, 2018.

article source (BWC)

BWC needs suppliers to promote workplace safety & health in Ohio small businesses.

Workers Comp

COLUMBUS – The Ohio Bureau of Workers’ Compensation (BWC) is accelerating new health and safety initiatives that are slated to launch in the first quarter of 2018. This week, the BWC has posted two Requests for Proposals (RFPs):

One seeks a supplier to manage workplace health and wellness programs.
Another seeks a supplier to design and lead an educational campaign teaching the importance of health and safety at work and in the home.

Both April announcements are part of BWC’s Third Billion Back rebate.

“Ohio is a national leader in reducing workplace injuries. We have an opportunity to further reduce injuries and deaths by promoting health and wellness and creating a culture of safety in every Ohio workplace,” said BWC Administrator/CEO Sarah Morrison. “We hope to instill in all Ohioans the importance of safety so it becomes a mindset for them, at work and at home.” Concurrently, the BWC will launch a $2 million statewide safety awareness and educational campaign to prevent injuries associated with motor vehicle accidents, over-exertions, slips and trip/ falls, which account for over 60 percent of their workplace injury claims. The $6 million investment will target Ohioans:

That work for employers with 50 or fewer employees in specific high-risk industries
That are among a segment of injured workers with specific types of injuries.

The campaign effort includes online and mobile training resources that will teach and reinforce safety at home and in the workplace including health risk assessments, biometric screenings, lifestyle management and coaching, and chronic disease management. The RFPs can be found here and here. The Third Billion Back rebate plan also includes $15 million for each of the next two years for Safety Intervention Grants, with $4 million targeted toward programs that help firefighters and those who work with children and adults with disabilities.

republished: Ohio.gov press release May 16, 2017

Ohio employers get $474K in workplace safety grants.

Workers Comp

COLUMBUS – Twenty-six Ohio employers will share more than $474,000 in grants from the Ohio Bureau of Workers’ Compensation (BWC) to purchase equipment designed to substantially reduce or eliminate workplace injuries and illnesses.

“Improving workplace safety benefits everyone – it saves employees and employers both time and money,” said BWC Administrator/CEO Sarah Morrison. “Most importantly, it means more Ohio workers are able to return home to their families healthy and safe each day.”

ADAMS COUNTY –

Freelands Transport LLC
BWC approved $24,360.75 to purchase six air operated trailer handrail system to reduce the risk of injury to upper and lower extremities related to slips, trips, and falls from elevation. This intervention will improve the material handling and trailer maintenance processes. Freelands Transport LLC is a full service trucking company that specializes in hauling dry bulk lime, cement, and heavy equipment.

Jackson Township
BWC approved $11,353.95 to purchase one chest compression system with one desk-top charger, two rechargeable batteries, and one portable charger to reduce the risk of injury to the fingers, hands, wrist, arms, shoulder, neck, back, and legs related to repetitive motions, hand force, awkward postures, contact stress, push/pull moderate load, and manual materials handling. This intervention will improve the patient cardiovascular pulmonary resuscitation process. Jackson Township Fire Department provides fire suppression, emergency medical, and rescue services.

BUTLER COUNTY –

Ramcrete Inc.
BWC approved $40,000.00 to purchase one concrete placement system with two motorized remote controlled units to reduce the risk of injury to the fingers, hands, wrist, arms, shoulder, neck, back, and legs related to hand force, awkward postures, contact stress, push/pull moderate to heavy load, and manual materials handling. This intervention will improve the materials handling and placement process. Ramcrete Inc. is a subcontractor for commercial and residential concrete materials placement.

Hanover Township Fire Department
BWC approved $11,155.65 to purchase one powered load system and one powered cot to reduce the risk of injury related to manually lifting and loading/unloading patients into and out of emergency vehicles. This intervention will improve the process of patient handling and lifting by reducing repetitive lifting. Hanover Township Fire Department provides fire, emergency medical, rescue, and Hazmat services.

COSHOCTON COUNTY –

Kno Ho Community Action Commission
BWC approved $ $37,883.55 to purchase three stair-climbing dollies, one dock lift, two heated plate dispensers, two platform carts with self-leveling adaptors, and stackable coolers to reduce the risk of injury to the hands, wrists, arms, neck, back, and legs related to repetition, hand force, awkward postures, vibration, push/pull – moderate and heavy load, and manual materials handling – load. This intervention will improve a few processes – home weatherization, weatherization materials handling and storage, and remote meal-delivery services. Kno-Ho-Co-Ashland CAC is a not-for-profit community action agency.

CUYAHOGA COUNTY –

Advanced Industrial Tire Inc
BWC approved $3,729.36 to purchase one lifting table to reduce the risk of injury to the hands, fingers, wrists, arms, neck, back, and legs related to hand force, awkward postures, contact stress, and manual material handling – load. This intervention will improve the tire mounting process. Advanced Industrial Tire Inc provides tires sales and service to commercial and industrial customers.

Richmond Heights Division of Fire
BWC approved $6,765.19 to purchase one powered load system and one powered cot to reduce the risk of injury related to manually lifting and loading/unloading patients into and out of emergency vehicles. This intervention will improve the process of patient handling and lifting by reducing repetitive lifting. The Richmond Heights Division of Fire provides fire and emergency medical services.

J L J I Enterprises Inc.
BWC approved $11,250.00 to purchase commercial carts and dump-assist trash buggies to reduce the risk of injury to the hands, wrists, arms, neck, back, and legs related to hand force, awkward postures, contact stress, push/pull – moderate load, and manual material handling – load and frequency. This intervention will improve the metal stud framing and drywall hanging/finishing processes. J L J I Enterprises Inc is a carpentry and interiors contractor.

DARKE COUNTY –

Osgood Area Life Squad Inc.
BWC approved $40,000.00 to purchase one powered load system, one powered cot, and one chest compression system to reduce the risk of injury related to manually lifting and loading/unloading patients into and out of emergency vehicles and performing resuscitation services. This intervention will improve the process of patient handling and lifting by reducing repetitive lifting, along with resuscitation services. Osgood Area Life Squad Inc is an emergency/nonemergency medical transportation provider for the Village of Osgood and surrounding rural areas.

FRANKLIN COUNTY –

Geotechnical Consultants Inc.
BWC approved $3,377.72 to purchase one 8 cubic foot power dump cart with battery pack and charger to reduce the risk of injury to fingers, arms, back, and legs related to awkward postures, push/pull heavy load, and manual materials handling. This intervention will improve the materials handling process. Geotechnical Consultants Inc. specializes in cost-effective geotechnical engineering, environmental and construction materials engineering and testing services.

GREENE COUNTY –

The Schaefer Group Inc.
BWC approved $26,706.75 to purchase one dust collecting system to potentially reduce the risk of injury to the respiratory system related to inhaling various forms of dust particles. This intervention will improve the process of servicing furnaces, boilers, incinerators, crematoria, and other heat-producing appliances. The Schaefer Group Inc sells and services refractory items in the Dayton area.

HAMILTON COUNTY –

Richard Goettle Inc.
BWC approved $32,014.50 to purchase one hydraulic drill rod/casing handler attachment to reduce the risk of injury to upper and lower extremities related to pinch, strain, crush, or smashing injuries. This intervention will improve the drill rigging process. Richard Goettle Inc. is a geotechnical engineering and construction contractor specializing in earth retention systems and deep foundation systems.

HOCKING COUNTY –

The Logan Clay Products Company
BWC approved $27,975.99 to purchase one dust containment booth with turbo pulse controller to reduce the risk of injury to upper and lower extremities related to strains, sprains, cuts, abrasions, eye injuries, chemical dust exposure, slips, trips, and falls. This intervention will improve the grinding process. The Logan Clay Products Company is a manufacturer and retailer of clay products including flue lining, wall coping, and chimney tops.

HOLMES COUNTY –

Holmes County
BWC approved $1,956.74 to purchase one sit-to-stand patient lift with one standing sling to reduce the risk of injury to the fingers, hands, wrist, elbows, arms, shoulder, neck, back, and legs related to repetitive motions, hand force, awkward postures, contact stress, push/pull moderate to heavy load, and manual materials handling. This intervention will improve the patient transfer process.

MEDINA COUNTY –

Fabrizi Disposal Inc.
BWC approved $7,424.26 to purchase one tarp system to reduce the risk of injury to fingers, hands, wrist, arms, shoulder, neck, back, and legs related to slips, trips, falls, repetitive motion, hand force, awkward postures, push/pull moderate to heavy load, and manual materials handling. This intervention will improve the dumpster transport process. Fabrizi Disposal Inc. delivers dumpsters to commercial and residential customers for service and transportation to the dump site.

MERCER COUNTY –

Manco Manufacturing Co.
BWC approved $25,222.89 to purchase three weld fume capture systems with 12 foot extraction arms and one portable weld fume extractor to reduce the risk of injury to the dermis, respiratory system, upper and lower extremities related to fire hazards, burns, UV rays, and inhalation of iron oxide and manganese. This intervention will improve the welding process. Manco Manufacturing Co. is a metal fabrication business that specializes in welding and assembling large steel racks used by the automotive industry.

MIAMI COUNTY –

Covington Fire & Rescue Inc.
BWC approved $19,368.90 to purchase one power load system with compatibility kit, bolster mattress and restraints to reduce the risk of injury to fingers, hands, wrist, arms, shoulder, neck, back, and legs related to hand force, awkward postures, push/pull moderate to heavy load, and manual materials handling. This intervention will improve the patient transport process. Covington Fire & Rescue Inc provides fire protection and emergency medical services to the village of Covington and Newberry Township.

MUSKINGUM COUNTY –

Sepi Services Inc.
BWC approved $14,940.47 to purchase five dump truck bed liners to reduce the risk of injury to fingers, hands, wrist, elbows, arms, shoulder, neck, back, and legs related to repetitive motions, hand force, awkward postures, contact stress, vibration, push/pull heavy load, and manual materials handling. This intervention will improve the dump bed cleaning process. Sepi Services is a trucking company specializing in dump truck hauling of earth materials, asphalt, aggregate, rock, dirt, and sand.

RICHLAND COUNTY –

Mifflin Township Fire Department
BWC approved $2,677.50 to purchase two cylinder lifts, to reduce the risk of injury to the hands, wrists, arms, shoulders, neck, back, and legs related to repetition, hand force, awkward postures, contact stress, and manual materials handling – load. This intervention will improve the EMS processes. The Mifflin Township Fire Department provides Fire and emergency medical.

ROSS COUNTY –

Bell Logistics Co
BWC approved $19,650.00 to purchase two automatic tarping systems to reduce the risk of injury to the hands, shoulders, neck, back, and legs related to hand force, awkward postures, and manual materials handling – load and frequency. This intervention will improve the trailer tarping process. Bell Logistics Co is a full service trucking company that specializes in refractory products, mill rolls, and natural gas pipe.

SANDUSKY COUNTY –

B&W Welding Inc.
BWC approved $16,061.21 to purchase one automatic tarping system with options to reduce the risk of injury to the hands, wrists, shoulders, neck, back, and legs related to hand force, awkward postures, contact stress, push/pull – moderate load, and manual materials handling – load. This intervention will improve the trailer tarping process. B&W Welding Inc is a welding and fabrication shop that specializes in heavy equipment hauling along with moving commercial and industrial machinery.

SCIOTO COUNTY –

Washington Township EMS
BWC approved $28,579.82 to purchase one patient transfer system to reduce the risk of injury related to manually lifting and loading/unloading patients into and out of emergency vehicles. This intervention will improve the process of patient handling and lifting by reducing repetitive lifting. Washington Township EMS provides emergency medical services to the residents.

STARK COUNTY –

Graco Concrete Incorporated
BWC approved $12,946.20 to purchase one hydraulic concrete breaker attachment and one hydraulic auger attachment to reduce the risk of injury to the fingers, hands, wrist, shoulder, neck, back, and legs related to hand force, awkward postures, contact stress, vibration, push/pull moderate load, and manual materials handling. This intervention will improve the concrete demolition and post holes placement processes. Graco Concrete Incorporated is a full-service concrete construction company that also erects pole structures such as street lighting, signs, and menu boards.

Alliance Area Habitat for Humanity
BWC approved $4,458.00 to purchase four hanging scaffolds to reduce the risk of injury to the upper and lower extremities related to falls from ladders. This intervention will improve home construction process. Alliance Area Habitat for Humanity helps construct 2-4 homes, annually, for people who live in sub-standard dwellings.

Fred Olivieri Construction Co
BWC approved $10,761.42 to purchase 5 lanyards, 5 30’ tether cables, 1 liftgate, and 7 pallet jacks to reduce the risk of injury to the hands, wrists, arms, shoulders, neck, back, and legs related to hand force, awkward postures, push/pull – moderate and heavy load, and manual materials handling – load. This intervention will improve the roof-working process along with other tasks performed at elevated areas. Fred Olivieri Construction Co is a general contractor that performs carpentry work, which includes rough framing, drywall, millwork, and roofing.

WAYNE COUNTY –

South Central Fire District
BWC approved $33,999.05 to purchase one powered load system and one powered cot to reduce the risk of injury related to manually lifting and loading/unloading patients into and out of emergency vehicles. This intervention will improve the process of patient handling and lifting by reducing repetitive lifting. South Central Fire District is volunteer department that provides fire, Hazmat, rescue, and emergency medical services.

*source: OhioBMV

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