Cincinnati Workers' Compensation Law Blog

Studies are useful to determine which forms of employment carry the greatest risk for workers. Ohio residents should also pay attention to these studies as they can sometimes find danger where it had previously not been a common concern. For example, football is a sport known for its blows to the head and the scientific and anecdotal evidence of the risk of head injury is indisputable. A new study has examined another endeavor - working in the theater - and found that these workers can be affected by head injuries and the aftermath.

The study was conducted by Ohio University. It found that, of the 258 theater workers who took part in the survey, more than two-thirds had suffered a head injury at some point. Seventy-seven percent stated they had suffered more than three. Forty percent said they had suffered more than five. The head injuries also led to dizziness, sensitivity to light, and confusion, which are all symptoms of a concussion. Most of those injured reported that they kept working, while close to half did not report their injury. Because theater workers are not commonly viewed as being prone to head injuries like an athlete would be, they are not checked like an athlete and pulled from the situation.

If you are a disabled Amelia area resident and getting ready to file for social security disability benefits because a workplace accident has left you disabled, you need to understand that the approval process can take some time. Most first-time applicants end up waiting up to two years to learn if they will receive benefits or not. Currently, the approval percentage of SSDI applications received is one-third. 

In addition to the eligibility criteria, there are many factors that can affect the outcome of your claim. Because the claims process is complex, it is important for you not to rush while filing. Mistakes can cause delays and may result in a denial of Social Security Disability benefits. Consider the following common mistakes that applicants make so you can avoid them. 

Ohio workers who suffer injuries, incur medical expenses and are confronted with lost wages from injuries that did not occur on the job should be aware of subrogation and how it affects workers' compensation benefits. With subrogation, the Ohio Bureau of Workers' Compensation will collect benefits for injured workers if their injuries were caused by a third party. Often, for the worker to receive subrogation, there must be a settlement or a judgment against the party deemed at fault.

Under state law, the BWC, employers who self-insure, and employers who contract for medical services to be paid directly have the right to subrogation. With subrogation, the employer who self-insures can collect the costs for the workers' compensation claim from who or what caused the injury. Expenses that can be recovered include: medical expenses, rehabilitation costs, future compensation, and death benefits. A frequent reason for subrogation is if the worker was in a car accident that was caused by another driver. There are other circumstances where it can be used, including premises liability, product liability, medical malpractice, a construction site accident that was caused by a third party, or an animal attack.

While some Ohioans who suffer workplace injuries or a medical condition from their work will be approved for workers' compensation benefits, others will have their claims denied by the Bureau of Workers' Compensation and it is necessary to file an appeal. Simply being denied at the outset does not mean that the applicant will not be awarded benefits eventually. Understanding the claims hearing process and all of its aspects is imperative to receiving workers' compensation after a denial. When appealing a workers' compensation claim, the worker will have three levels in which to do so. The three levels are the district hearing officer, staff hearing officer and the commission.

At the district level, the appeal will be heard by an Industrial Commission of Ohio district hearing officer. This hearing will be held within 45 days of the appeal being filed. After a decision has been made, the worker and others involved in the case will receive written notice. If the district hearing officer denies the claim, the worker can then appeal to a staff hearing officer. This must be done within 14 days of the decision.