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Need suggestions from work injury - Kman3605 - 09-27-2017

Hello,

On 8/9/2017 I was life flighted by helicopter from a work injury on a construction site. From the injury I have a fractured calcaneus, fractured clavicle, bad hip hematoma and was knocked out unconscious for more than 15 minutes and ended up with 8 staples in my head. This was all from a piece of equipment we was working with losing its brakes and I had to jump off the equipment going more than 25mph which was my only option. So far the company I was working for is a self insured workers comp and I have been receiving pay in that form weekly. Which means for the past 7 weeks I have been missing out on overtime pay plus all the pain and suffering that me and my family has been through. I have not contacted any yet for this issue and would like some input if I have a case or not any help would be great!

Thank you!


RE: Need suggestions from work injury - 1171 - 09-27-2017

it's rare that an injured worker will receive their full pay while disabled. all states  have work comp disability payments that are capped---usually at a lower rate and many for a limited time. workers comp is not liability insurance or and are not considered payments from another party who was at fault. Workers compensation is "no fault" and there are no payments for "pain and suffering". the employer cannot be sued; legally there is no employer fault. disputes are handled by a separate work comp board/commission. both the employer and the employee have to share in the monetary consequences usually thru reduced disability payments to the worker and treatment that is controlled by the employer.                              
without knowing your state I can't give you specific information on your benefits as each state has their own laws controlling what and how work injury benefits are provided.post your state and i'll give you some links with information for your state.
you have a comp claim but you do not have civil liability case.


RE: Need suggestions from work injury - Kman3605 - 09-28-2017

(09-27-2017, 11:14 PM)1171 Wrote: it's rare that an injured worker will receive their full pay while disabled. all states  have work comp disability payments that are capped---usually at a lower rate and many for a limited time. workers comp is not liability insurance or and are not considered payments from another party who was at fault. Workers compensation is "no fault" and there are no payments for "pain and suffering". the employer cannot be sued; legally there is no employer fault. disputes are handled by a separate work comp board/commission. both the employer and the employee have to share in the monetary consequences usually thru reduced disability payments to the worker and treatment that is controlled by the employer.                              
without knowing your state I can't give you specific information on your benefits as each state has their own laws controlling what and how work injury benefits are provided.post your state and i'll give you some links with information for your state.
you have a comp claim but you do not have civil liability case.

The state is Ohio


RE: Need suggestions from work injury - 1171 - 09-28-2017

Read the benefit section of the guide for employees of a self-insured
https://www.bwc.ohio.gov/downloads/blankpdf/CD-40.pdf
There are additional publications here
https://www.bwc.ohio.gov/worker/forms/publications/nlbwc/WorkerPubs1.asp?txtCID=679184328
The state web site for workers comp is here
https://www.bwc.ohio.gov/Default.aspx
You can always contact the ombudsman's office for help with a specific question
https://www.bwc.ohio.gov/home/contactus/default.asp