Eric Jones Law » Workers’ Compensation

HOW WORKERS’ COMPENSATION AND OTHER DISABILITY PAYMENTS MAY AFFECT YOUR BENEFITS

Eric Jones Law — Tue, 07 Jun 2011 12:27:39 +0000

Friday, June 6, 2011

Author: Eric Jones Law

Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability (“SSD”) benefits.

However, workers’ compensation and other public disability benefits may reduce your SSD benefits. Workers’ compensation benefits are paid to a worker because of a job-related injury or illness.

Other public disability payments that may affect your SSD benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related. Examples are civil service disability benefits, state temporary disability benefits and state or local government retirement benefits that are based on disability.

Some public benefits do not affect your SSD benefits. If you receive SSD benefits and one of the following types of public benefits, your SSD will not be reduced: Veterans Administration benefits; state and local government benefits if Social Security taxes were deducted from your earnings; or Supplemental Security Income (“SSI”).

To calculate if there will be any SSD reduction, first determine the total amount of benefits and if it exceeds 80 percent of your average current earnings, before you became disabled, the excess amount is deducted from your SSD benefit.

Our Philosophy

Eric Jones Law — Sun, 18 Jul 2010 19:53:08 +0000

The Law Office of Eric A. Jones, LLC strives to meet the unique needs of our clients and to provide the highest quality legal services with individualized attention designed to achieve their unique objectives.

We offer all of our clients an integrated and full-service approach to meet their day-to-day and emerging needs in an effective, timely, and cost effective manner.

We represent our clients professionally, ethically and comprehensively. Our work begins with a detailed understanding of your business. We then develop an integrated legal strategy that contributes to your success.

What Should I do if I am Injured at Work?

Eric Jones Law — Sun, 18 Jul 2010 17:38:21 +0000

Immediately report your injury to your employer and to the Bureau of Workers’ Compensation (BWC). You should report all injuries to your employer, no matter how insignificant it may seem at the time. If medical treatment is needed it should be sought immediately.

How do I file a Workers’ Compensation claim?

Eric Jones Law — Sun, 18 Jul 2010 14:05:45 +0000

Our office can assist you with filing you claim. You can also file a claim by manually completing the First Report of Injury (FROI) form and mailing it to any BWC service office, or the FROI can be completed on-line.

Many Ohio workers’ compensation claims are filed by the managed care organization (MCO) after being notified of your injury by your doctor or your employer. If you have been treated for a work-related injury, a claim may have been filed for you already.

How long does it take to process my claim?

Eric Jones Law — Sun, 18 Jul 2010 14:04:27 +0000

Immediately you have filed the First Report of Injury, the BWC begins the process of gathering information and investigating the claim. A decision will be made to allow or deny the claim within 28 days.

What benefits can I receive?

Eric Jones Law — Sun, 18 Jul 2010 14:03:40 +0000

All injured workers with allowed workers’ compensation claims are entitled to payment of medical bills for treatment related to the injury or occupational disease. Following are five of the most common compensation benefits injured workers with allowed workers’ compensation claims may be entitled to:

Payment of temporary total compensation for injured workers who are 100 percent disabled for a temporary period of time as a result of the injury or occupational disease;
Payment of wage loss compensation to injured workers who are working with restrictions caused by the injury which cause a reduction in earnings or who are actively seeking but are not able to find work within their physical capabilities;
Payment of a percentage of permanent partial disability award for residual impairment resulting from an injury or occupational disease;
Payment of permanent total disability (PTD) compensation to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio. A declaration of PTD means that the injured worker is not capable of returning to the former position of employment or of engaging in any sustained remunerative employment;
Payment of a lump sum settlement award to injured workers who have agreed with their employer to settle the workers’ compensation claim.

To learn more about additional benefits that may be available, see Available Benefits to Injured Workers