Work Comp
Helen asks…
The wage loss benefit for workers’ compensation in Ohio lasts for a maximum of 200 weeks.
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Steven asks…
I have apending case, and it doesent seem like my lawyer is doing all that he can to help me! He says that I cant sue for pain and suffering. I want to know if thats true! I had surgery and the scars are hidious and Ive gained wieght at least 30 pds since the inccident and my job ened up laying me off!! What should I do?
Workers’ compensation laws are created entirely by the legislature, so what benefits you are entitled to receive depend on the laws in your state. Workers’ Comp is supposed to be a compromise that allows employers to have some limit on liability in exchange for worker protections in case of work injuries. For example, if there were no workers’ comp laws, an employer could simply avoid liability for work injuries by going out of business and leave the worker holding the bag for medical bills and lost wages. In exchange for this protection for workers most states do not allow workers to sue the employer, other than for workers’ comp benefits, except in very limited circumstances. (like intentional injuries or violations of certain safety requirements) The law usually does provides for some type of award of compensation for permanent impairment. In Ohio, it’s called a permanent partial disability award. That gives you some award of compensation to account for permanent residuals of the allowed conditions in your claim. There are also additional awards if you lose the use of a bodypart, such as an arm, leg or finger. Unfortunately, there is no specific award for pain and suffering. Good luck and best wishes for a full recovery.
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Helen asks…
I am a paramedic for a large metropolitan fire department. Earlier this year, while at work while dealing with an intoxicated patient I got kicked in the abdomen. At the time I was 15 weeks pregnant. I immediately contacted my supervisor and requested medical attention at a local hospital due to the fact that I started bleeding. I was taken to the hospital and examined and put on bedrest with the diagnosis of a “threatened miscarriage”. I was instructed to be seen by my primary OB/GYN. My primary OB/GYN released me to go back to work with no restrictions because his medical opinion is that the bleeding had stopped and that I was able to return to work. I submitted the paperwork to my employer and was under the impression that I was then going to be able to return to work. My next scheduled shift I was getting dressed to go to work and my Deputy Chief called me and told me that I could not return to work until I was seen by the workmans compensation doctor. The next day I saw the workmans compensation doctor who told me that she was not qualified to make any determination regarding my ability to go back to work because she was not an OB/GYN. She then told my employer that I could not work until she spoke with my personal OB/GYN. It was then decided that I needed to be on bedrest until my due date of 10/10/09. About two weeks later I recieved a letter stating that I needed to fill out paperwork for FMLA. I have been with my employer for longer than a year and was approved for FMLA. The FMLA only covered my employment until June of 09, which Im sure you can understand is a problem due to the fact that my due date is 10/10. Yesterday another deputy chief informed me (via certified mail) that if I do not return to work immediately that it would be considered job abandonment. I then called him and his advise was to resign my position so that I could get on the “re-hire” list. Seeing that I have not even delivered my baby and the standard time for maternity leave is 6 weeks there is no way I can come back to work.
BTW please do not comment with rude or ignorant comments about my grammar or spelling. I am not stupid, I have a BSN as well as a licensed paramedic. I am 38 weeks pregnant and under a lot of stress so helpfull comments would be appreciated.
Whoa! This isn’t right. First of all, they did the right thing by sending you to a workers comp doctor! If this happened on work time, it is workman’s comp all the way. Now, of course your pregnancy isn’t covered by that, but the fact that you are are required to be on bedrest (which resulted due to the kick in your stomach while you were at WORK) means that this bedrest is a direct result of what occurred at work. In my opinion as an HR Specialist who manages these things, I believe they are out of line by making you use up your FMLA for this time. You should contact the claims administrator for your workers comp case and talk to them about this.
You would not have needed to be off work this whole time (presumably) if it weren’t for what happened at work. Workers comp (in my opinion) should compensate you for your time missed from work until the baby is born! You need to remind them that this is the direct result of the kick to your stomach! I think you should fight this. It smacks of discrimination to me! Although you aren’t in the private sector, as an employee of the fire dept., I can’t believe that the laws are that much different that this would be considered okay!
Fight this…Good luck!
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