Posts Tagged employer

Questions about Ohio Workers’ Comp – Ohio Job Injury?

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Mike Gruhin, Board Certified Ohio Workers’ Compensation Specialist Attorney, has the answers to your work injury questions.

Have you suffered an on the job injury?  You need a Board Certified Ohio Work Comp Specialist Attorney on your side.  Experienced Ohio workers’ compensation lawyers from Gruhin & Gruhin can help you seek fair compensation for your injuries.  Filing a workers’ compensation claim is a complicated process. The BWC would lead you to believe that you don’t need an attorney and that’s how it saves money on claim payment. Most work injury victims just don’t know what to do or what benefits are available for their injuries. And, that’s where Gruhin & Gruhin and Mike Gruhin come to the rescue.  When you get hurt in a , contact the Cleveland, Ohio Law Firm with the winning record. Check out the actual client testimonials. Let our clients tell you the story of Gruhin & Gruhin.  Call Gruhin & Gruhin today! There are time limits.  Discuss your claim with a Board Certified Work Comp Specialist Attorney. It doesn’t cost any more to have a Certified Specialist on your side, so why choose an attorney who takes a work comp case, but isn’t Board Certified?  Please feel free to review some of the most frequently asked questions we receive from our clients, which you can read below.

Frequently Asked Questions about Ohio Workers’ Compensation

Q: What on the job injuries does workers’ compensation cover?

A: Workers’ compensation covers almost any on the job injury, including long-term diseases resulting from your work (asbestos, etc.), pre-existing injuries that were exacerbated by an accident at your job, and even injuries caused by a third party while on the job.

Q: Who pays my workers’ compensation benefits?

A: Ohio law requires that virtually all employers purchase workers’ compensation insurance coverage from the state fund or insure themselves. Therefore, either the state fund or your employer will be responsible for paying your compensation.

Q: How long will it take to get benefits?

A: This depends on the specifics of your injury, whether your employer is self-insured or state funded, where you received medical treatment, and many other factors.  Having an experienced Board Certified Ohio Workers’ Compensation Specialist Attorney on your side will help you receive benefits much faster, as you can be sure that your attorney has filed all the necessary paperwork to keep your claim moving.  Ultimately, you must trust that your attorney is doing everything that he or she can to ensure that you receive benefits as quickly as possible.

Q: Do I have to go back to work before I am ready?

A: Ultimately, your doctor’s advice determines when you are ready to go back to work.  When you suffer an injury on the job, your employer or your employer’s third party administrator will likely suggest their doctor.  Contact your Board Certified Ohio Work Comp Specialist Attorney and get a referral to a BWC Certified Medical Provider to give you the medical care you need and properly fill out all of the complex BWC paperwork on your behalf.  You are free to go to any OhioBWC Certified Provider.  You don’t  have to return to work until your doctor believes you’re ready or until your employer has a light duty job that your doctor believes you can handle. However, even if your doctor feels you might not be ready to return to work, the Industrial Commission can find that you have reached Maximum Medical Improvement. While you are unable to work, you are entitled to receive temporary total disability compensation.

Q: Do I have to file my workers’ compensation claim within a certain time limit?

A: There is a two-year statute of limitations for filing a workers’ compensation claim.  If you do not file your claim within two years of your injury, you will not be able to seek compensation.  If you are in an on the job accident, you should move quickly to seek legal representation and file your claim so that you are sure to receive the benefits you need.

Q: The BWC denied my workers’ compensation claim.  Is there anything I can do?

A:  Call Mike Gruhin, Board Certified Ohio Workers’ Compensation Specialist Attorney. You need a specialist in your corner to appeal your claim and attend the hearing at the Ohio Industrial Commission.  You should absolutely hire a Board Certified Specialist Attorney. Don’t make the mistake of just hiring any lawyer who ‘does’ work comp claims.  You need a legal professional,  a Board Certified Specialist, to gather and present the evidence necessary to prove that you were hurt on the job and deserve compensation.  Don’t attempt to appeal a denied workers’ compensation claim alone.

© 2012, Gruhin & Gruhin Attorney's. All rights reserved.

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Mike Gruhin – Board Certified Ohio Work Comp Specialist – Fighting for Injured Workers’ Compensation

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When a person is injured on the job, getting a work comp claim allowed can be a fight. Employers deny claims and fight the claim allowance in order to keep their rates down. Self insured employers are more litigious than other employers. Even the BWC has its doctors to render opinions of whether a claim condition should be allowed as a work accident claim.  And both employers and the BWC have attorneys to protect their legal interests.  In this economic climate, an injured worker just can’t go it alone. Read the rest of this entry »

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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Ohio Workers’ Comp Settlements – Is it the Right Move for You?

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Ohio Workers’ Compensation Lump Sum Settlement – Should you ‘cash out’ your claim? Is that the right move to make?

If you have an allowed OhioBWC claim, you are eligible to seek workers’ compensation benefits. You might be contacted by the employer or the employer’s representative with a lump sum settlement offer. You might be tempted to take a lump sum cash payout instead of getting biweekly payments based on your full weekly wage / average weekly wage and payment of medical and prescription bills.

In order to determine if a lump sum settlement is in your best interest, you have to understand all of the options available to you under your Ohio Workers’ Compensation claim. In order to get the information you need, you should seek the advice of a Board Certified Ohio Workers’ Compensation Specialist Attorney. Taking a lump sum payment to close your claim without the advice of a specialist is the wrong move and can lead to financial and medical disaster.

The advice and knowledge of a Board Certified Specialist Attorney is critically important.  You should ask for your free no obligation consultation with Mike Gruhin.

Understand how to maximize OhioBWC benefits before you settle your claim.  Learn that settlement closes out all future compensation benefits, that’s money for you and payment of your medical expenses.

Sometimes a settlement is not in your best interest. Don’t let a big dollar settlement offer tempt you to close your claim without understanding the future value of your claim. Your employer or its attorneys know the future value of the claim and that’s why they act to close out your claim.

You need a Board Certified Specialist Attorney to help you get through the legal maze and understand the legal mumbo jumbo.  Don’t be fooled.  You need a specialist representing your legal interests and helping you understand what the right decision might be for your unique situation.

You have questions, Mike Gruhin has the answers. Contact us today to find out what your rights are and get the peace of mind you need.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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Sorry for the lack of postings – I’ve been out of the office in a 4 day jury trial

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It’s been a long, hard week and I apologize for the lack of postings on the blog and here where I post legal items of interest regarding injury claims, and Ohio Worker’s compensation claims. Mike Gruhin together with co-counsel, John Vanik, were in jury trial all week against a major Cleveland Area workers’ comp self-insured (SI) employer. Under Ohio Workers’ Compensation Law, if a company has over 500 employees, it can be self insuring for work comp.  If any readers were injured in the employment of a self-insured employer, you know how litigious your work comp claim can be and usually is. In this case, I have to believe the SI employer spent thousands of dollars to deny & fight our client’s work comp claim.   But the jury saw through the employer’s “smoke & mirrors” and disregarded BOTH of the HIRED doctors’ testimony. John  & I successfully discredited the employer’s expert witnesses – a Board Certified Occupational Health & Internal Medicine doctor AND a Board Certified Orthopeadic Surgeon. Gruhin & Gruhin showed the jury the real story through the testimony of our client, his wife, his co-worker who was at the scene of the injury and who worked with our client for many years before and for a short time after the injury, together with our expert medical witness, our client’s treating doctor. That testimony, backed up by the medical records, sank the SI employer’s ship.  I am glad to report that the jury paid attention to every aspect of the trial. Bottom line, the 8 jury members voted 8-0 in favor of Gruhin & Gruhin’s client.  With Gruhin & Gruhin, our clients can and do fight ‘city hall’.  This is our 12th trial over the past few years and , I am glad to report, our 12th win in a row.  Let’s hear it for our clients, “the little guy”, who can go up against Goliath and win.  If you have an Ohio Work Comp claim, feel free to contact Gruhin & Gruhin to discuss your claim with Mike Gruhin, Board Certified Ohio Workers’ Compensation Specialist Attorney. Check out our client’s video testimonials, hear how we protect our client’s rights.  Thanks for reading our blog.   Mike Gruhin.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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SAFETY VIOLATIONS IN OHIO WORKERS’ COMPENSATION CLAIMS

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Violation of a Specific Safety Requirement

An injured worker may be entitled to an additional award if the employer violates a specific safety requirement (“VSSR”) enacted for the protection of the life, health or safety of employees.  Read on……. Read the rest of this entry »

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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If You Have Been Injured at Work

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Been hurt on the job?  You may be entitled to money awards and medical benefits for your injuries.  But to protect your legal right to money awards and medical benefits you should get a Board Certified Ohio Workers’ Compensation Specialist Attorney in order to avoid missing out on all of the benefits to which you are entitled. At Gruhin & Gruhin, Mike Gruhin, “The Ohio Work Comp Specialist” will guide you through the compensation process, the bureaucratic maze, and the legal mumbo jumbo.  Mike has decades of experience successfully representing Ohio’s injured workers.

You need to tell your co-worker, supervisor, file an incident report and seek medical care.If you are injured at work, the first thing to do is seek treatment. Delaying treatment causes the Ohio BWC to deny allowance of your claim. It will say that you hurt yourself somewhere other than work. Don’t wait – Don’t compromise your claim.

Always notify your doctor at the time of treatment that your injury is work-related. It’s also important to consult with a Board Certified Ohio Workers’ Compensation Specialist Attorney as early as possible. Don’t do or say anything that will damage your Ohio Bureau of Workers’ Compensation Claim.  Your Certified Specialist Attorney will advise you throughout the process, ensuring that you receive ALL of the money awards and medical benefits to which you are entitled.

Notify Your Employer

If you are injured on the job, you should notify your employer immediately in writing.. Maintain a copy of this notification for your own records. Responsible employers will work with employees to help them get treatment and benefits when they are injured on the job.

Your employer should provide claim forms for filing a workers’ compensation claim. An attorney from our firm in Columbus, Ohio can help you if your employer or the Bureau of Workers’ Compensation does not treat you fairly in the wake of an accident, defending your rights so that you can focus on recovering from your injuries.

File Appropriate Paperwork

Contact a Board Certified Ohio Workers’ Compensation Specialist Attorney to file the appropriate paperwork on your behalf. There are time limits, so don’t wait.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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Self Insured Employers and Ohio BWC Form C9

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A self-insured employer has 10 days to respond to an Ohio Workers’ Compensation  C9 Form request from the Physician of Record (POR).

You need to make certain that your POR keeps a fax transmittal sheet to prove the date the C9 was sent to the Sepf Insured Employer’s third party administrator (TPA).  Failure on the part of the SI employer to respond within the 10 day period, pursuant to OhioBWC rules, is considered permitting the treatment requested on the C9.

With regard to a state fund claim, the Ohio BWC has 3 days to respond.

If the SI Employer does not respond within 10 days, an injured worker can file a self-insured complaint with the Ohio BWC.

If you have a work comp claim with an Ohio Self Insured employer (SI), you need the representation of a Board Certified Ohio Workers’ Compensation Specialist Attorney.

Mike Gruhin is an OhioBWC certified specialist attorney.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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Discrimination Lawsuit Aims to Define Sex Beyond Gender

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A transgender man in New Jersey filed a discrimination lawsuit last week that could break new ground across the country, turning on the question of who is or is not a man. An employer fired El’Jai Devoureau because it said being male was a legitimate job qualification for his position at a drug treatment center, although Devoureau identifies as a man and has lived as a man throughout his life.
New York Times

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

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You Should Know – Even If Your Employer Does Not Have Ohio Workers’ Compensation Coverage You Can File a Claim! Don’t be Misled!

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fooled youYesterday, I received a call from a prospective client regarding a workers’ compensation claim. This injured worker stated that the employer stated that it did not have any BWC coverage, so a claim should not be made.
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© 2009, Gruhin & Gruhin Attorney's. All rights reserved.

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Interested in Settling your Ohio BWC Claim? Read On.

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lump sum settlement 2Many employers refuse to settle workers’ compensation claims while the claim is in their experience rating period. That rating period for most state fund employers is 5 years. After the 5 year period, any settlement, no matter what the amount, is not charged to the employer’s risk. How do you calculate the end of the 5 year period?

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© 2009, Gruhin & Gruhin Attorney's. All rights reserved.

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