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Ohio Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Small Claims for Ohio on
Q: My workplace shorted me on my check it's been a week later and I have still not heard about any updates

I informed payroll, HR, and management the day I got paid That my check was short. I call everyday to ask for updates everday they tell me they are working on it and have to wait for the owner's approval to give me a check. They owe me 1300$ that supposed to be on my regular paycheck.

Kyle Anderson
Kyle Anderson answered on Aug 14, 2020

Hi. I would wait to hear what payroll, HR, and management say. Does missing that portion of your pay put you below the minimum wage? Is the check for any overtime you worked during the pay period? If so, you may have a claim. But I would try to resolve this internally since you are still working... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: My question is about worker's compensation.

Over the last few years I've been injured at work 3 times and filed a workers comp claim for 2 of them (first and third). For those 2, my boss had me cancel each claim and say that I didn't need the benefits anymore. He wanted me to do this so his number of processed claims and insurance... Read more »

Neil Klingshirn
Neil Klingshirn answered on Aug 13, 2020

You are entitled to your last two paychecks.

Although it is not entirely clear that an agreement to waive workers compensation claims is enforceable, that is what your employer entered into. Specifically, your employer agreed to pay for (some) wages and medical costs if you did not file a...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can you sue employer for getting covid from not providing a safe workplace from recognizable hazards?

My fiances work had a covid exposure so everyone had to get tested. They made them return to work without seeing the results and more employees tested positive thus resulting in further exposure. Is this something that can be taken to court for those who test positive because the employer did not... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 8, 2020

First, your fiance would need to test positive for COVID, or another employee would want to sue. In every lawsuit, you must prove the four following things: duty, breach, causation, and injury. Your fiance's employer has a duty to provide him with a safe workplace. The question will become if... Read more »

1 Answer | Asked in Workers' Compensation for Ohio on
Q: Could you please tell me how I'm supposed to prove my employer violated safety and rules and workers comp vssr hearing

The owner is deceased business is closed they're at their investigation couldn't find anybody who had any from information on the violation even the place that we worked at

Matthew Williams
Matthew Williams answered on Mar 22, 2020

Well, it sounds like there won’t be anyone to contest the testimony of you and your coworkers if possible. If that’s all the evidence there is...

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I'm am I fireman and hurt my shoulder during training. Misdiagnosed, Now need surgery.

Now my employer is talking about putting me on FMLA and maybe separation if I can't come back after FMLA runs out... Is that legal?

Matthew Williams
Matthew Williams answered on Sep 13, 2019

You really ought to speak with an attorney about this. Look for a local lawyer who does a lot of workers comp and medical malpractice.

1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on
Q: I had a back injury in 1997 that resulted in surgery. Now have had to have surgery again in 2019. can I reopen claim if

I never received settlement. That company is now out of business

Matthew S Flemming
Matthew S Flemming answered on Jul 23, 2019

The statute of limitations for Ohio Workers' compensation claims depends somewhat on when the last activity was on the claim. You should contact a licensed attorney to discuss some specifics and they can give you a better idea of whether the claim is still active or barred due to inactivity.

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: If my husband injured himself and work and the owner asked him to file it under his personal insurance ?

so there premiums don't go up can they do that.

James J. Hux
James J. Hux answered on May 1, 2019

They could ask that, but it is suspicious behavior. That could be seen as attempting to dissuade your husband from workers' compensation, which is illegal. You and your husband should contact an employment law attorney as soon as possible and discuss your claim in more detail. Some will... Read more »

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I had a work injury and WC continues to deny the MRI I need. Will using personal insurance for MRI complicate anything?

I informed my doctor that it was a work injury and that it kept getting denied.

Matthew S Flemming
Matthew S Flemming answered on Jul 13, 2018

Depending on the time frame of the denial, you may be able to appeal the denial to the industrial commission. I would speak quickly with a Workers' Compensation attorney (there are many), to discuss your options. You could use personal insurance, however it can muddy the waters quite a bit... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: I fell leaving work in parking lot ( not owned by my office). Sprained ankle along with torn ligaments

Posiible broken ankle and foot. Am I eligible for workman comp or coming and going laws?

Matthew S Flemming
Matthew S Flemming answered on Jan 8, 2018

This is a very factually specific question and cannot be answered without a further in-depth interview. I would certainly try to consult with a workers' compensation attorney.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I am a 50 year old truck driver. I've been on workers comp since I fell out of truck on January 31, 2017. Some of my inj

Was injured after falling from truck. Some of my additional allowances were denied by ic. Going to common pleas Court. My doctor has set surgery date for lumbar fusion. I am using my own insurance for this. He says I will also need surgery for neck. I have pre-trial set for November. Then jury... Read more »

Matthew S Flemming
Matthew S Flemming answered on Jan 8, 2018

If you do not have an attorney, I strongly recommend consulting with one prior to to trial. If there is not a doctor's deposition that testifies about the fall and the injuries it caused, there may be an issue showing what you need to in order to have your claim and the conditions you are... Read more »

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I work in Ohio and sprained my wrist at work two weeks ago. Can I still report this injury to my boss for workers comp?

My wrist is getting worse and I may need to see a doctor. Is there a time limit to when I need to report my injury to my employer?

Peter N. Munsing
Peter N. Munsing answered on Mar 3, 2017

Yesterday. If it's too late for that now.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Ohio on
Q: Can my wife sue her workplace?
Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2016

Generally the only claim she has for an injury is workers compensation. However if her claim is related to the conditions of employment that may be something that is covered by the law. Suggest she contact a member of the Ohio Assn for Justice who handles Employment issues or Workers Compensation... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on
Q: Am i eligible I broke my ankle while walking to car in their driveway fell off step?
Matthew Williams
Matthew Williams answered on Jun 23, 2016

Eligible for what? Disability? There isn't enough information here. Whose driveway? Why were you there? Etc.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I live in OHIO but work in PA and need a workers compensation attorney can i get a attorney from Ohio .

Can I use a Ohio attorney or do I have to get a attorney from PA.

Matthew Williams
Matthew Williams answered on Oct 6, 2015

You will most likely need an attorney who is licensed in PA. Particularly if you live close to border, there may be some Ohio based attorneys who are licensed in both states. Make some calls.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I settled a workers comp claim and I have yet to receive my money but they closed my medical already.

Do they have to pay interest on my claim since they are taking so long to issue my check?

Ed Malek
Ed Malek answered on May 5, 2015

Seek answers to these questions from an experienced immigration attorney.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: My question is regarding my own situation. In 2007 I was incarserated for 4 days and was recieving temporary total comp.

My question is now obwc is trying to keep 4 days of what I was recieving after all that time. My injury lawyer represented me the other day and its being brought under interlacutory advisement. Just wanted to ask another opinion before the order comes out.

Matthew Williams
Matthew Williams answered on Feb 2, 2015

You need to speak with your attorney. He or she knows the fact. I don't. It's that simple. If they want to keep 4 days because you were in jail, and that's the end of it. It may be best to let sleeping dogs lie, but you need to consult with your attorney.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: Can my lawyer settle a workers comp case without me present?
Matthew Williams
Matthew Williams answered on Jan 28, 2015

If you give your attorney authority to enter into a settlement arrangement, he or she should be able to settle a case on your behalf. You may be required to sign some documents, but that can be done through the mail.

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