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Workplace injuries can make it hard to support yourself and your family. And for most Ohioans, this is a reality, especially for those in dangerous occupations. But did you know the concept of workers’ compensation was born from a 19th-century labor movement? The original purpose was to protect workers like you from injuries and accidents in the workplace.
If you sustain an injury at work in Ohio, you may be entitled to workers’ compensation benefits. However, if you have a pre-existing condition at the time the injury takes place, it may be difficult to get the compensation you deserve. Ohio workers’ compensation attorneys can offer a roadmap to understanding your rights and securing the support you deserve after suffering a job-related injury.
Workers’ comp is a system that provides medical and financial benefits to workers when they suffer an injury due to their work. In Ohio, the Bureau of Workers’ Compensation (BWC) and the Industrial Commission of Ohio (IC) oversee workers' comp.
The Ohio Workers’ Compensation Act, Chapter 4123 of the Ohio Revised Code, governs Ohio workers’ comp law. The law explains what employers and employees must do when someone gets sick or hurt at work. The statute also puts forward the legal grounds for creation of the BWC as the primary State agency responsible for handling workers’ compensation claims.
If you are an injured worker in Ohio, the act grants you the right to:
Workers’ compensation attorneys in Ohio can help you recover the following benefits if you’re injured during work:
A pre-existing condition is any medical condition you had before your work-related injury or illness occurred.
Some examples of pre-existing conditions are:
Generally, BWC will not issue compensation for a pre-existing condition as part of a workers’ comp claim. There are two exceptions:
To receive benefits for a 'substantially aggravated' pre-existing condition, you must show that the work injury made your injury much worse. Courts rely on objective diagnostic findings, test results, and clinical findings to grant orders for substantial aggravation. Therefore, an increase in symptoms doesn’t necessarily qualify as aggravation. You must prove your case through empirical changes in the condition, such as swelling, positive orthopedic findings, or other objective indicators.
You can avoid many “out-of-pocket” costs with a successful workers’ comp package. Therefore, you must follow all necessary steps to ensure the Ohio Industrial Commission expedites your hearing.
The steps to apply for workers’ compensation in Ohio are as follows:
If you disagree with BWC’s decision, you can appeal to the Ohio IC. The IC is an independent agency that listens to and reviews workers’ comp decisions. By consulting with workers’ compensation attorneys,injured workerscan ensure their case receives full representation at the hearing. An attorney is your best chance of getting the compensation you deserve.
A pre-existing condition can make it difficult to prove the causal relationship with the work injury or illness. You may also face resistance from your employer, insurance companies, or the BWC. These are all great reasons to seek the advice of an experienced attorney. An attorney can help you:
In Ohio, if you have a pre-existing condition, you can still receive workers' compensation benefits. However, the condition may complicate your claim and require more evidence and legal assistance. If you were hurt at work and have a pre-existing health condition, contact Nurenberg, Paris, Heller & McCarthy workers compensation attorneys in Ohio. We can help you get the compensation you deserve.
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