Every year, the Ohio BWC, increases the payment rate for temporary total disability (TTD) and permanent partial disability (PPD) compensation. If you are injure your back in 2011 and you have an older claim for your back (for example 2007 in which you have not received any treatment for some time prior to 2011), you would receive more money for the newer claim than you would in the older claim. To protect yourself, you should file an application for a NEW Ohio Workers’ Compensation Claim. The reasons are simple, so read on for more information.First, the Ohio BWC, most likely, will not permit a reactivation of a claim (for medical care and TTD) in which no treatment was received for over a year or two. So, trying to get that old claim reactivated once you have a new injury most likely “will not fly”. Because you probably went to an urgent care or emergency room for the new injury and told the doctor about the new incident, what you were doing and how you got hurt,. there is a record of a new injury. This can be construed as an intervening injury to the same body part. An intervening injury, most likely, will preclude you from getting any money and/or medical care in the old claim.
Second, why would you ‘waste’ the time trying to get the old claim reactivated, which if successful, will pay you based on money you earned years before. If you were injured in 2011, the maximum TTD rate payable while you are off work from the injury is $783.00 per week. While the 2007 injury would pay a maximum rate of $730.00 per week. That’s a pretty big difference. It’s hard to live with 2011 bills and pay based on a 2007 pay rate. Check the compensation rate chart for yourself. It’s clear as day. You need to file that new injury claim.
Also, the maximum PPD rate for 2011 is $261.00 per week. For 2007 injuries, the maximum PPD payment rate is $243.33.
Bottom line – When you get injured on the job, tell your supervisor and/or co-worker. File an incident report. Immediately leave work and get medical care. Then you should discuss your claim with a Board Certified Ohio Workers’ Compensation Specialist Attorney. Get the right information fast. There are time limits. Protect yourself and your family.
For tips and more information on how to find the best Ohio Workers’ Compensation Attorney.