FREQUENTLY ASKED QUESTIONS
WHAT IS A WORKERS’ COMPENSATION INJURY?
It is an injury sustained while performing some act of your employment. Normally, the accident occurs at your place of your employment. In certain situations, the accident may happen off site and be compensable. Facts are crucial.
WHAT SHOULD I DO IF INJURED ON THE JOB?
Always report an injury to your employer by completing an accident report and keep a copy for yourself. Even if you do not go to the doctor immediately after the accident or do not believe the injury is serious, be sure to report it.
Reporting injuries is crucial because even small or seemingly trivial injuries can develop into serious disabling conditions, and without the proper documentation of the initial injury your employer will likely deny the claim and the possibility of proving your case is harmed. Always report injuries to your employer and explain to the doctor, whenever you see him or her, how it happened at work.
WHAT BENEFITS ARE PROVIDED UNDER WORKERS’ COMPENSATION COVERAGE?
Once a claim is allowed or certified by an employer, medical bills and compensation for lost wages and disability are payable.
Medical bills are covered with no co-pay or “balance billing” charged to the injured worker.
Compensation is paid for lost wages. Payment begin on the eighth calendar day missed from work. An injured worker must miss fourteen calendar days from work to be paid for the first seven days.
For the first twelve weeks off work, an injured worker is paid 72% of his full weekly wage (“FWW”). After twelve weeks, compensation is paid at 66.66% of the injured worker’s average weekly wage (“AWW”).
HOW IS MY PAYMENT RATE DETERMINED?
There are two rates set in each claim. The FWW is generally calculated by averaging wages earned in the 6 weeks prior to the injury. The AWW is generally calculated by averaging earnings in the 52 weeks prior to the injury. There are exceptions and nuances to both of these calculations, and the lawyers at Delaney & Whelan will ensure that your calculations are made fairly and in your best interest.
HOW DOES AN INJURED WORKER COLLECT HIS LOST WAGES?
In order to qualify for temporary total disability compensation (lost wages, or “TTD”) a medical provider must complete a Medco-14 form stating the injured worker cannot return to his position of employment at which he or she was injured. The injured worker must also complete paperwork certifying his or her lack of earnings.
If the employer offers light or transitional work within the restrictions placed upon the injured worker by his physician of record, the injured worker would not qualify to collect TTD if he or she refuses to accept that position.
HOW LONG CAN AN INJURED WORKER COLLECT LOST WAGES (“TTD”)?
Provided that the physician of record disabled an injured worker for the conditions allowed in the claim, the injured worker is entitled to receive compensation until one of the following occurs.
1. The physician of record releases the injured worker to return to work full duty.
2. The employer makes light work available to the injured worker within the
restrictions identified by the physician of record.
3. The injured worker is found to have reached maximum medical improvement.
WHAT IS WAGE LOSS?
There are times when an employer will offer light duty work to an injured employee and pay him or her less than regular wages. Or the injured worker changes jobs to a position within his or physical restrictions, but earns less money in that new role. When those instances occur, we can file for wage loss for the injured worker and obtain two thirds the difference between the worker’s average wage set in the claim and the new wage.
WHAT IS PERMANENT PARTIAL DISABILITY (“PPD)?
Even if an injured worker does not miss any time from work, he or she may be entitled to compensation for the residual injuries sustained by the work place accident. This is known as a PPD award, and can be very helpful in compensating an injured worker for residual impairment and hassle of the claims process.
WHAT IF A CLAIM IS DISALLOWED?
Generally, claims are initially allowed or denied by determination of the BWC or the self-insured employer. The initial determination of the claim is NOT the final decision. If your claim is denied, the claim is either sent automatically or can be appealed and sent to the Industrial Commission of Ohio for a hearing on the issue of allowance. The Industrial Commission is essentially the hearing section of the Workers’ Compensation system, and is composed of impartial hearing officers who listen to the facts and legal arguments pertaining to various issues in claim and render a speedy decision. If your claim is denied initially by the BWC or your employer, it is important that you understand that you have rights to have an appeal heard.
HOW DOES DELANEY & WHELAN GET PAID FOR REPRESENTING AN INJURED WORKER?
We work on a contingency fee basis. That means our payment is derived from the compensation we obtain for you. Our fee is a portion of the payments we obtain for you. So, before we are paid a fee we must first be successful in having the claim allowed and obtaining compensation for you. If we are not successful, and no compensation is paid to you, no fee is owed to our office. We do not charge an hourly rate, so picking up the phone to ask your attorney a question about your claim does not cost you anything.
DO I NEED AN ATTORNEY FOR MY CLAIM?
You are permitted to proceed throughout your claim without representation, but there are many pitfalls and nuances that make hiring experienced counsel a wise choice. It doesn’t cost anything to call us for a consultation, and there is essentially no risk as our legal fee is contingent upon us winning your claim. We are happy to further explain the assistance we can offer.
WHY CHOOSE DELANEY & WHELAN TO REPRESENT YOU IN YOUR WORKERS’ COMPENSATION MATTER?
First and foremost, we believe we do a good job. There are many good and respected attorneys in the workers’ compensation bar to choose from, but we continue to receive referrals from past clients who recommend us to their loved ones. We also have tremendous experience. Timothy Delaney is a former Assistant Attorney General for the State of Ohio and represented the Bureau of Workers’ Compensation for over eight years in various courts throughout the State of Ohio. For the last 30+ years he has represented injured workers at the administrative hearing level and before various courts through the state.
Justin Whelan represented employers in Ohio workers’ compensation matters for seven years before partnering with Mr. Delaney to represent injured workers. Having been on “both sides of the table,” Mr. Whelan is equipped with a unique experience that greatly benefits his clients.
We also bring a varied work experience to the legal process. Mr. Delaney worked as a stevedore on the Cleveland lakefront during college, and worked as a Metropolitan Park Ranger through law school. Mr. Whelan worked for many years on the floor of a printing shop throughout college and law school, and also worked in the kitchen of a popular restaurant in college.
Our staff is long-tenured and knowledgeable. If we are out at a hearing or otherwise unavailable, you have someone available to answer your questions, rather than leaving a message.
So if you have any questions, call us. There is no fee charged for a consultation. Dealing with an injury is difficult enough – let us help with the claim process.
WHAT IS A WORKERS’ COMPENSATION INJURY?
It is an injury sustained while performing some act of your employment. Normally, the accident occurs at your place of your employment. In certain situations, the accident may happen off site and be compensable. Facts are crucial.
WHAT SHOULD I DO IF INJURED ON THE JOB?
Always report an injury to your employer by completing an accident report and keep a copy for yourself. Even if you do not go to the doctor immediately after the accident or do not believe the injury is serious, be sure to report it.
Reporting injuries is crucial because even small or seemingly trivial injuries can develop into serious disabling conditions, and without the proper documentation of the initial injury your employer will likely deny the claim and the possibility of proving your case is harmed. Always report injuries to your employer and explain to the doctor, whenever you see him or her, how it happened at work.
WHAT BENEFITS ARE PROVIDED UNDER WORKERS’ COMPENSATION COVERAGE?
Once a claim is allowed or certified by an employer, medical bills and compensation for lost wages and disability are payable.
Medical bills are covered with no co-pay or “balance billing” charged to the injured worker.
Compensation is paid for lost wages. Payment begin on the eighth calendar day missed from work. An injured worker must miss fourteen calendar days from work to be paid for the first seven days.
For the first twelve weeks off work, an injured worker is paid 72% of his full weekly wage (“FWW”). After twelve weeks, compensation is paid at 66.66% of the injured worker’s average weekly wage (“AWW”).
HOW IS MY PAYMENT RATE DETERMINED?
There are two rates set in each claim. The FWW is generally calculated by averaging wages earned in the 6 weeks prior to the injury. The AWW is generally calculated by averaging earnings in the 52 weeks prior to the injury. There are exceptions and nuances to both of these calculations, and the lawyers at Delaney & Whelan will ensure that your calculations are made fairly and in your best interest.
HOW DOES AN INJURED WORKER COLLECT HIS LOST WAGES?
In order to qualify for temporary total disability compensation (lost wages, or “TTD”) a medical provider must complete a Medco-14 form stating the injured worker cannot return to his position of employment at which he or she was injured. The injured worker must also complete paperwork certifying his or her lack of earnings.
If the employer offers light or transitional work within the restrictions placed upon the injured worker by his physician of record, the injured worker would not qualify to collect TTD if he or she refuses to accept that position.
HOW LONG CAN AN INJURED WORKER COLLECT LOST WAGES (“TTD”)?
Provided that the physician of record disabled an injured worker for the conditions allowed in the claim, the injured worker is entitled to receive compensation until one of the following occurs.
1. The physician of record releases the injured worker to return to work full duty.
2. The employer makes light work available to the injured worker within the
restrictions identified by the physician of record.
3. The injured worker is found to have reached maximum medical improvement.
WHAT IS WAGE LOSS?
There are times when an employer will offer light duty work to an injured employee and pay him or her less than regular wages. Or the injured worker changes jobs to a position within his or physical restrictions, but earns less money in that new role. When those instances occur, we can file for wage loss for the injured worker and obtain two thirds the difference between the worker’s average wage set in the claim and the new wage.
WHAT IS PERMANENT PARTIAL DISABILITY (“PPD)?
Even if an injured worker does not miss any time from work, he or she may be entitled to compensation for the residual injuries sustained by the work place accident. This is known as a PPD award, and can be very helpful in compensating an injured worker for residual impairment and hassle of the claims process.
WHAT IF A CLAIM IS DISALLOWED?
Generally, claims are initially allowed or denied by determination of the BWC or the self-insured employer. The initial determination of the claim is NOT the final decision. If your claim is denied, the claim is either sent automatically or can be appealed and sent to the Industrial Commission of Ohio for a hearing on the issue of allowance. The Industrial Commission is essentially the hearing section of the Workers’ Compensation system, and is composed of impartial hearing officers who listen to the facts and legal arguments pertaining to various issues in claim and render a speedy decision. If your claim is denied initially by the BWC or your employer, it is important that you understand that you have rights to have an appeal heard.
HOW DOES DELANEY & WHELAN GET PAID FOR REPRESENTING AN INJURED WORKER?
We work on a contingency fee basis. That means our payment is derived from the compensation we obtain for you. Our fee is a portion of the payments we obtain for you. So, before we are paid a fee we must first be successful in having the claim allowed and obtaining compensation for you. If we are not successful, and no compensation is paid to you, no fee is owed to our office. We do not charge an hourly rate, so picking up the phone to ask your attorney a question about your claim does not cost you anything.
DO I NEED AN ATTORNEY FOR MY CLAIM?
You are permitted to proceed throughout your claim without representation, but there are many pitfalls and nuances that make hiring experienced counsel a wise choice. It doesn’t cost anything to call us for a consultation, and there is essentially no risk as our legal fee is contingent upon us winning your claim. We are happy to further explain the assistance we can offer.
WHY CHOOSE DELANEY & WHELAN TO REPRESENT YOU IN YOUR WORKERS’ COMPENSATION MATTER?
First and foremost, we believe we do a good job. There are many good and respected attorneys in the workers’ compensation bar to choose from, but we continue to receive referrals from past clients who recommend us to their loved ones. We also have tremendous experience. Timothy Delaney is a former Assistant Attorney General for the State of Ohio and represented the Bureau of Workers’ Compensation for over eight years in various courts throughout the State of Ohio. For the last 30+ years he has represented injured workers at the administrative hearing level and before various courts through the state.
Justin Whelan represented employers in Ohio workers’ compensation matters for seven years before partnering with Mr. Delaney to represent injured workers. Having been on “both sides of the table,” Mr. Whelan is equipped with a unique experience that greatly benefits his clients.
We also bring a varied work experience to the legal process. Mr. Delaney worked as a stevedore on the Cleveland lakefront during college, and worked as a Metropolitan Park Ranger through law school. Mr. Whelan worked for many years on the floor of a printing shop throughout college and law school, and also worked in the kitchen of a popular restaurant in college.
Our staff is long-tenured and knowledgeable. If we are out at a hearing or otherwise unavailable, you have someone available to answer your questions, rather than leaving a message.
So if you have any questions, call us. There is no fee charged for a consultation. Dealing with an injury is difficult enough – let us help with the claim process.