FAQ

The first thing you should do if you have been hurt on the job is to immediately report the injury to your employer as soon as possible. State law requires that your employer provide you all the workers’ compensation forms you must complete.

You also schedule a visit to your physician. Carefully and accurately describe your on-the-job injury to your physician. Only injuries and diseases that your doctor identifies as work related will be covered by workers comp benefits. If your doctor decides you can immediately return to work, or even if you miss less than a week of work, you should still file a claim.

The workers’ compensation system provides a variety of different types of benefits for which you may be eligible. Working with an experienced workers’ compensation attorney can help you understand the different types of benefits for which you may qualify.

Temporary Total

Persons who qualify for temporary total benefits are those workers who are injured and unable to work due to an on-the-job injury or occupational disease. As its name implies, temporary total disability is not permanent.  It can extend for a short time or a fairly long time, however, depending on how one’s medical condition progresses.  The objective of temporary total disability is to compensate someone who is removed from his/her job during the period he spends recovering from his/her injury.

Temporary total compensation is based on a few things, including the rate of compensation that you were earning at the time of the injury. In Ohio, for the first 12 weeks of missed work, a worker who who qualifies for these types of benefits will earn 72 percent of his or her income tax free. After 12 weeks, they begin to earn 2/3, or 66.667 percent, of their average income tax free. It should be noted that while these percentages apply to most injured workers, they can change if an injured worker’s wages are above or below a certain rate.

Wage Loss

There are two different circumstances in which an injured worker can qualify for wage loss benefits. The first occurs when an employee is forced to find a new lower paying job due to his/her injury. The second circumstance occurs when the employee is not allowed to work his/her normal hours due to medical restrictions from the workplace accident. In 2013, 64% of aged beneficiaries of workers’ compensation received at least half of their income from these wage loss benefits.

Permanent Total Disability

Permanent Total Disability benefits occur when an employee is deemed permanently unable to work in any capacity. An employee cannot return to work and receive this type of benefit simultaneously. Permanent Total Disability is in place for those who will not be able to return to work due to the accident or illness that occurred on the job.

The aforementioned benefits are just a few in a long list of different types, and the descriptions just skim the surface. To understand these options further, you will need to work with an experienced workers’ compensation attorney.

At The Harris Firm, we want to help you to understand the different options within the workers’ compensation system and to get you through it as well. The lawyers at The Harris Firm know how to navigate this complex system. We want to help you receive the compensation and benefits that you deserve. Contact us today to get started.

The workers’ compensation system provides a variety of different types of benefits for which you may be eligible. Working with an experienced workers’ compensation attorney can help you understand the different types of benefits for which you may qualify.

Temporary Total

Persons who qualify for temporary total benefits are those workers who are injured and unable to work due to an on-the-job injury or occupational disease. As its name implies, temporary total disability is not permanent.  It can extend for a short time or a fairly long time, however, depending on how one’s medical condition progresses.  The objective of temporary total disability is to compensate someone who is removed from his/her job during the period he spends recovering from his/her injury.

Temporary total compensation is based on a few things, including the rate of compensation that you were earning at the time of the injury. In Ohio, for the first 12 weeks of missed work, a worker who who qualifies for these types of benefits will earn 72 percent of his or her income tax free. After 12 weeks, they begin to earn 2/3, or 66.667 percent, of their average income tax free. It should be noted that while these percentages apply to most injured workers, they can change if an injured worker’s wages are above or below a certain rate.

Wage Loss

There are two different circumstances in which an injured worker can qualify for wage loss benefits. The first occurs when an employee is forced to find a new lower paying job due to his/her injury. The second circumstance occurs when the employee is not allowed to work his/her normal hours due to medical restrictions from the workplace accident. In 2013, 64% of aged beneficiaries of workers’ compensation received at least half of their income from these wage loss benefits.

Permanent Total Disability

Permanent Total Disability benefits occur when an employee is deemed permanently unable to work in any capacity. An employee cannot return to work and receive this type of benefit simultaneously. Permanent Total Disability is in place for those who will not be able to return to work due to the accident or illness that occurred on the job.

The aforementioned benefits are just a few in a long list of different types, and the descriptions just skim the surface. To understand these options further, you will need to work with an experienced workers’ compensation attorney.

At The Harris Firm, we want to help you to understand the different options within the workers’ compensation system and to get you through it as well. The lawyers at The Harris Firm know how to navigate this complex system. We want to help you receive the compensation and benefits that you deserve. Contact us today to get started.

The Industrial Commission is the adjudicating body that is a part of the workers’ compensation system. Their job is to determine what disputed issues should be allowed as part of a claim. Some of the things that they determine are the following:

• if compensation should be paid in a claim
• if treatment should be paid in a claim
• if a claim in and of itself should be allowed
• if an additional condition that’s requested should be allowed and part of a claim

These hearings are semi-judicial, which means that they operate similarly to a judicial proceeding that is held in a courtroom, but tend to be less formal. You and your attorney will a be responsible for presenting any and all bits of evidence that would establish your right to compensation for your injury and/or disease.

We Will Help You Prepare for Your Hearing

If you are facing a workers’ compensation hearing, there are certain things you can and should do. It is possible to attend a hearing on your own and to represent yourself; however, it is NOT advised. This preparation may seem stressful and nerve-wracking, but the fact-of-the-matter is that 5.4 million people were newly awarded workers’ compensation benefits in 2014. You are not in this alone, and with the proper legal help, you can feel confident that you will receive the benefits that you deserve.

We recommend that you consult an experienced workers’ compensation attorney so that you go into it as prepared as possible. The attorneys at The Harris Firm in Cincinnati, Ohio, have been there to support and comfort many Ohio workers through this stressful time, and we can be there for you, too. Before the hearing, we make it a point to go over all of the details of your case one more time with you. We talk with our clients about significant issues prior to these hearings and make sure that the appropriate evidence is gathered, submitted, and framed correctly.

We will also make sure you understand what to expect at all stages of the workers’ compensation process. Our goal is to eliminate as many surprises as possible. When our clients require a workers’ compensation hearing, we are right by their side the entire way, helping them to feel comfortable and doing our best to alleviate any unnecessary stress.

Following a work injury, you may be feeling anxious about your future. It is natural to feel this way throughout the process, but by working with an experienced workers’ compensation attorney at The Harris Firm, you can feel confident that you are moving through this unique system in the correct way. We are here to answer any of your questions.

People are often nervous about their workers’ compensation hearing. These hearings are very informal. It is formatted as an administrative process, meaning it is different than the types of court cases that most people are expecting.

Workers’ compensation hearings generally only last 15 minutes. They are very quick and to the point. This can be a benefit to the injured worker. Instead of having to spend an entire day in a courtroom like he or she may expect, the injured individual will be in and out within one hour, at most.

The first hearing will be held in front of a district hearing officer. If an appeal gets filed, you will need to return at a later date for a second hearing. It will be scheduled approximately 30–40 days later. This second hearing will take place in front of a staff-hearing officer. Usually, you will not get a decision on the day of your hearing. The hearing officer will take the matter under advisement and you will get a decision in the mail within five to seven days.

Workers’ compensation hearings should not leave you feeling nervous or anxious. After being injured on the job, you have been through enough emotional and physical turmoil up to this point; you deserve to feel at ease throughout this process. However, you cannot go through this alone. The attorneys at The Harris Firm can help instill the confidence that you need to assure yourself that you are taking the correct steps in this complicated process. Contact us today to begin your workers’ compensation process if you have any questions.

While the ultimate goal after a workplace injury is to help the worker return to work as quickly as possible, this is simply not possible for every injured worker. The longer a person is out of work, the lower his or her quality of life may be, and especially if that person is not getting the compensation he/she should receive. Many injured workers miss significant time from work, and some cannot return to full duty within their line of work, even after they recover. Therefore, it is important that injured workers’ know what type of compensation is available if they have to miss extended time from work.

We recommend you consult a workers’ compensation attorney like the ones at The Harris Firm in Blue Ash, Ohio. Changing your line of work is not something to be taken lightly. It is a significant life change that could have long-lasting effects on your financial livelihood and should only be considered after you have explored all your other options first.

Regardless of your ability to return to work, the Ohio workers’ compensation system provides many forms of benefits for all types of situations. Two of the most commonly used forms of compensation are Temporary Total Disability and Permanent Total Disability. These are for individuals who are either:

1. A) Temporarily unable to return to work while they are receiving medical treatment and recovering, or
2. B) Permanently unable to return to any type of work due to their injury.

If you are able to return to work, you will most likely no longer qualify for Temporary Total Disability benefits. However, you may still qualify for certain types of benefits. If, for instance, your physician releases you to work but you are unable to return to your former position, you may be eligible to receive wage loss benefits. If you are able to find work, whether in a different position or field or for fewer hours than you were working pre-injury, you may be entitled to working wage loss benefits. If your job is no longer available or you are for some other reason unable to obtain work at the time that your physician releases you, you may qualify for non-working wage loss benefits. You must meet certain requirements in order to receive both of these types of compensation.

If you have been hurt on the job and are facing a potential job change as a result of your injury, it is critical that you contact a workers’ compensation attorney immediately. At The Harris Firm, we will put our experience to work for you and guide you through this complicated process. Call us today.

Injured workers often come to us when they’re getting paid less than they were getting paid when they were working. There are a number of steps that can be taken to determine whether or not the payment they are getting is appropriate under the workers’ compensation system. Oftentimes, workers’ compensation lacks the information they need to pay injured workers appropriately. But in order to get your wages set correctly, there are some very specific steps that need to be taken, so it’s important that you talk to someone who deals with the system and understands how to get your wages set at the level they should be set at.

If you believe you should be receiving more compensation from your employer for your work-related injuries, it is important that you talk with a workers’ compensation attorney to determine your options. Only an attorney who is solely focused on this area of law will know the opportunities to look for if you are to succeed at getting a greater payment. Contact The Harris Firm, and we can help make sure that you are getting paid what you should get paid for your time off related to your work injury.

An experienced attorney will need to go over the facts of your case in order to determine what options you have, if any.

The Harris Firm in Cincinnati, Ohio, is exclusively a workers’ compensation firm. We have answered thousands of questions over the years and have helped hundreds of Ohio workers through this complicated process. Read more about our attorneys here.

When a person is exposed to high temperatures, usually in the sun, he or she can develop heat exhaustion. This type of condition can prove to be very serious. It is sometimes confused with heat stroke. While they are not the same thing, they both should be examined by medical professionals and should be taken seriously.

Biologically, there are two different reasons for heat exhaustion:

1. It can be the result of water depletion. The characteristics of this type include severe thirst, weakness, headache, and passing out.
2. Heat exhaustion can also be the result of salt depletion. The characteristics for this include nausea, vomiting, muscle cramps, and dizziness.

These two types of heat exhaustion often share symptoms. For this reason, it is usually just categorized as one generic condition. Some general symptoms include pale skin, headache, abdominal cramps, heavy sweating, fatigue, fainting, and dark-colored urine.

There are many things that put your body at risk of heat exhaustion. The first risk occurs when the relative humidity is about 60 percent. This slows down the body’s ability to produce sweat at a healthy rate, meaning that your body is having a more difficult time cooling itself.

The second risk becomes a factor when the heat index is at 90 degrees or more. When working in the sun, it is important to pay attention to the temperature. Is the temperature climbing? Are you working in direct sunlight? If possible, employees should try and stay out of direct sunlight as much as possible.

Age, certain health conditions, and medications can make a person more susceptible to heat exhaustion. Meeting with your doctor about your current conditions can help inform you about your risks for developing this severe condition.

Employees who spend a lot of time in the sun—like construction workers—are at a higher risk for heat exhaustion. If you believe that you have developed heat exhaustion or have suffered in the past due to unsafe working conditions, you may be entitled to receive compensation for your medical bills or lost income due to time off work.

Do not hesitate to contact a workers’ compensation attorney at The Harris Firm in Blue Ash, Ohio. You deserve fair compensation and we want to help you get there.

With most on-the-job injuries, workers’ compensation may seem like the obvious option for financial compensation. There are, however, some situations that can result in confusion on what type of claim you should file and that is where an experience attorney can help. For example, what if a third party causes your injury? Are your employer and their insurance still responsible for compensating you through the workers’ compensation process?  In most cases, the answer is yes, you are still entitled to workers’ compensation even if your injury was caused by a third party, and even if you pursue a third party claim alongside your workers compensation claim.

For example, imagine that you are on a sales call for work, driving up I-75 North to meet a client in the Mason area, when a car slams into you from behind. Technically, you are still on the job, but your injury was the fault of a third party.  You should definitely pursue a workers’ compensation claim in this case.  Note that there are some additional complexities to each case where a third party claim may arise, so, it is best to speak with an experienced workers’ compensation attorney directly about the specifics of your case. The lawyers at The Harris Firm in Blue Ash, Ohio, are experienced in these kinds of situations and will be able to best advise you on the route that you should take after being injured on the job.

While the aforementioned example involved a car accident, this is not the only way that a worker could be injured by a third party while on the job. This could also pertain to certain types of slip and falls, dog bites, or even product liability. It is important to remember is that every case is different, but you can almost always pursue a workers compensation claim even if a third party is at fault for your injury.

If you have been injured by a third party while on the job, you deserve fair financial compensation for your medical bills, time off of work, and pain and suffering. Without working with an attorney who knows how to navigate the unique workers’ compensation system, you may not be successful in receiving this money. By working with The Harris Firm and its team of experienced lawyers, you can feel more confident moving forward during this confusing time. Contact us today to get started.

If you have been injured at work, you may be questioning your options and your future. The workers’ compensation process allows injured workers to be compensated for their medical bills and time off of work. However, this process can be very confusing, especially without help from an experienced workers’ compensation attorney.

Although it is possible to file for workers’ compensation on your own, people very rarely find the outcome to be as successful or as beneficial as it would have been if they had chosen to seek help from an attorney. The money spent for a lawyer will typically be made back through the compensation you receive by utilizing their talents, knowledge, and experience.

Even with proper legal representation, it is still important to understand the steps and tasks that lie ahead of you when filing for workers’ compensation.

Inform Your Employer

The first step that you should take is to inform your employer of your injury. By letting them know the specifics as soon as possible after the injury, the more likely it is that your claim will be approved. The sooner that you make them aware of the case, the less likely that your employer or the courts will question the validity of the correlation between the work and the injury or illness.  Reporting an injury to your employer is not essential to a workers’ compensation claim, but it is a step that can help ensure that your claim gets allowed.

Seek Medical Attention

No matter how severe your injury or illness may be, it is always wise to seek medical attention as soon as possible. For medical reasons, it makes sense to talk to a doctor immediately to make sure that you are making the  best decisions for your health moving forward. Also, it is important to see a doctor as soon as possible, as the sooner that a doctor documents your work related injuries, the better chance you have of getting your bills and compensation covered.

Fill Out Appropriate Forms

There will be a series of forms that need to be filled out over the course of your workers’ compensation claim depending on how the claim develops, but the first form that generally needs to be filled out is a First Report of Injury form. Generally speaking, you will receive this form from your doctor, and sometimes, you will receive it from your employer, but if that does not happen the form is easily available to be filled out.  Once the appropriate forms are filled out, you will receive a claim number, but this does not necessarily mean that your  case is approved or that benefits and treatment will be paid. An experienced attorney can help you throughout this entire process, helping to assure that your case moves forward appropriately.

If you have any questions regarding the steps that you should take when filing workers’ compensation, do not hesitate to speak with one of the attorneys at The Harris Firm today.

Yes, you can receive compensation even if your construction injury accident was your fault.

In Ohio, workers’ compensation is a “no-fault” system that compensates employees for work-related injuries or illnesses. According to the Ohio Department of Administrative Services, workers’ compensation benefits include wage loss and medical and rehabilitation expenses, and are payable as long as your disability lasts, or as long as medical treatment is reasonably necessary.

If you have been injured in a construction accident, the Ohio workers’ compensation attorneys at The Harris Firm urge you to not disregard the benefits to which you are entitled even if you feel you are at fault for the accident. There is an array of circumstances outside of your control that may have contributed to your injury. Regardless, even if you are found to be 100 percent at fault for the accident, you are still entitled to workers’ compensation benefits in Ohio.

In 2014, 64.2 million people received benefits from workers’ compensation insurance. If you have found yourself in this situation, do not feel alone. If you have questions about benefits you can receive after a construction accident injury, be it your fault or not, contact The Harris Firm in Cincinnati today to speak with an experienced team of workers’ compensation attorneys.

Workplace accidents and injuries are common in the construction industry.  Often, when someone finds himself or herself hurt on a construction site, he/she is not always aware of what options he or she has through the workers’ compensation system.

There are a few different things that can happen following a construction site injury or accident, all of which will be difficult to successfully navigate on your own. First and foremost, the most important thing to do after you have been injured on the job is to speak with an experienced workers’ compensation attorney. The workers’ compensation system is complex, and therefore can be nearly impossible to navigate on your own without the proper legal guidance. That being said, there are a few steps that need to be taken to get the compensation you deserve after a construction accident.

Alert the Appropriate People

If you have been injured, it is important to alert your employer that an injury occurred.  You may want to tell the construction site manager, your supervisor, and/or the employer’s main office of the injury.  Your employer should have you fill out an accident report regarding what happened (try to get a copy if you can).  By speaking with your employer, you make them aware that an injury occurred, making it easier for you to pursue a workers compensation claim if that becomes necessary.  Also, by alerting your employer of the accident and the danger, you are allowing your employer to better prevent this type of accident again in the future. Reporting the injury to your employer is not essential to pursuing a workers’ compensation claim, but it is a good first step.  Also, after your injury you should try and see a doctor as soon as possible in order to document that an injury occurred.

After your injury you can begin to speak with an attorney. Contacting a lawyer as soon as possible will make the entire process easier for you and those who depend on you.

Moving Forward in the Workers’ Compensation Process

Every construction accident case is different. There are many ways that people become injured or ill on a construction site, but the most common include lifting accidents, electrical hazards, fall hazards, struck-by hazards, and caught-in or -between hazards. These types of injuries occur in many different ways, meaning that there is no set equation or process to determine and receive the compensation for your injuries.  Every case has its own facts and circumstances and, therefore, needs it own special attention.

Feel Confident in Your Case

To feel confident that you are heading in the correct direction with your workers’ compensation case after a construction accident, speak with an attorney. This system is complex and is intentionally set up to be difficult. However, the attorneys at The Harris Firm understand these cases and work with injured construction workers regularly.

We understand how dangerous these jobs can be, and how scary it can be after you have been injured or become ill due to an accident on site. Do not feel as if you are alone moving forward in this process. It can be difficult to navigate on your own, so contact us today. We want to help you receive the compensation that you deserve for your construction injury or work-related illness. Call us today.

If you are physically and psychologically capable of returning to your job, there is no law preventing your return. Going back to work for your employer after filing for workers’ compensation is quite common in the construction industry.  Returning to work after a work injury is not always possible, but if you are capable of doing so, a return to work is not a problem for your claim, and you still may be entitled to other benefits…

When you return to work, if you receive equal or greater compensation than you did prior to the injury, it is likely your workers’ compensation lost wages benefits will be stopped. However, your medical bills will still be paid.  If you receive less money than you made prior to your injury, you may be entitled to additional compensation to offset your loss of wages.

Is it possible to return to work after receiving Permanent Total Disability?

The simple answer to this question is no (although there is one small exception).  If you are found permanently totally disabled you are not able to work while receiving compensation. The Ohio Bureau of Workers’ Compensation (BWC) says that if a worker receives Permanent Total Disability (PTD), the expectation is that the injured worker’s inability to work is permanent. If you or a loved one has been declared PTD and decides to return to work regardless, the Ohio BWC must be notified immediately. At that time, benefit payments would cease. In fact, continued receipt of PTD benefits after you return to work is illegal in a majority of cases—collecting such benefits could leave you subject to prosecution for workers’ compensation fraud.

The only exception of this is if one has been declared statutorily permanently totally disabled because of loss of use of limbs, vision, or hearing. However, knowing whether you fall under this designation may require talking to an attorney.

Contact The Harris Firm today.

If you have been injured in a construction accident and are considering filing for workers’ compensation, do not hesitate to reach out to an experienced Cincinnati workers’ compensation attorney for the guidance you need. Not only can we ensure you are navigating the process correctly, we can also give you peace of mind and the confidence you need to focus on what’s important—healing.

Contact The Harris Firm in Cincinnati, Ohio, today to speak with a knowledgeable team of attorneys that care about the well being of you and your family.