Ohio Worker's Compensation - Help For Injured Ohio Workers

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  1. #1
    Join Date
    Mar 2012
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    9

    Question Injured Workers Advocacy Groups in Ohio

    any websites, links, etc. appreciated, thank you

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    In most states the organizations that advocate for the rights of injured workers are the unions, and the state's trial lawyer association.

    On the other side advocating for changes that help business but often harm the interests of injured workers will be the state Chamber of Commerce, all of the industry associations (manufacturers, car dealers, retail stores, restaurant associations, etc.). And often the state Medical Society (representing doctors) and the Hospital Association will also be advocating for the businesses rather than for the patients (the workers).

    Workers don't want to stir up this reform pot unless both houses of the state legislature and the Governor's office are all controlled by Democrats. If the Republicans are in charge, the reform you get will be pro-employer and pro-insurance industry. There are examples of this all over the country-- Oklahoma, NC, Indiana, Florida, Texas(conservative Dems came into play there for business too) and possibly others.

    I suspect the Repub's legislative cartel organization, ALEC, has already got a model bill ready to go in your state, that will screw injured workers. Corporations draft the ALEC bills to benefit themselves, and the Republicans are happy to advance those bills whenever and whereever they can.
    Last edited by complwyr; 03-14-2012 at 05:15 PM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Oct 2011
    Location
    north dakota
    Posts
    43

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    what about options for injured workers to go against states that dont allow them to hire lawyers such as north dakota, i have been fighting to have injuries added to my claim and get the medical care i need and even have drs stating that these condition arised from my injury at work they just ignore what the dr say , deny treatments both drs are getting to the point they dont even want to deal with the work force safety or me if they cant properly treat me, were does that leave me if no one will help me and they get away with this ,i am at my witts end , this isnt fair im no fraud artist , work force safety are the frauds and they destroy peoples lifes !!

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    What do you mean, you are not allowed to have a lawyer in ND?
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Mar 2012
    Posts
    9

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    It shouldn't be about parties and fees, the issue is injury in work and how to treat and return to work, I don't understand why states keep a system that is not working for the economy and all it's citizens.

  6. #6
    Join Date
    May 2010
    Posts
    359

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    Quote Quoting Ohio View Post
    It shouldn't be about parties and fees, the issue is injury in work and how to treat and return to work, I don't understand why states keep a system that is not working for the economy and all it's citizens.
    Because people LOVE to vote against there best intrests?...... Can we say Joe the Plumber!!!

  7. #7
    Join Date
    Apr 2012
    Posts
    2

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    Understand this. You have options. Your options are to learn the rules and be your own advocate. The Ohio BWC uses ODG(Official Disability Guidelines) in the claims determination process. The MCOs claim they do, but in actuality, they use it improperly as a rubber stamp to deny care. Read all ADR(alternate dispute resolutions) in your file and review IMEs. Read the MCO policy guidelines on the BWC web site. Specifically, chapter 5 pg. 6. You might find it interesting.

  8. #8
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    Ohio, it is all about money. The insurance companies want to charge premiums for coverage and then not pay claims. This has been the casualty insurance industry's method of operation for about the past 20 years, since they hired a big consulting firm in the early 90's to figure out how to turn the claims process into a profit center. There is a good book available on this called "Delay, Deny and Defend." Self-insured companies want to conserve their fund too and minimize claims payments. Certain politicians, generally those who call themselves "conservatives," will propose and push legislation in state legislatures to further the insurance company goals at the expense of folks like injured workers. In return, those politicians get campaign contributions from the industry and tend to hang on to their seats.

    I think about the only thing rank and file working folks can do is (a) get a good lawyer and fight in their own cases, and (b) vote for the correct people for your state legislatures and governor.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  9. #9
    Join Date
    Aug 2011
    Posts
    62

    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    There is a interesting attempt now for Ohio to change some of the WC rules. Don't know how succesful it will be as issue 55 was voted down and Kasich has a agenda because it was voted down to reform policies whether voters want it to happen or not. Basically the change is to make WC privatized ( which means MCO in loose terms) and to give MCO's more control. Loosly it is proposed that for the first 45 days the IW will be able to chose his own medical care or provider. If after 45 days there is little change in the IW's condition the IW may be required to receive care from the MCO's network. The claim is that now IW's must receive care from a doc in the provider network of WC approved docs, but this is not always the case. Further if a IW wants to keep their original doc instead of obtaining the MCO doc or WC approved etc. then the IW will have to self pay. The other factor which could be good or bad depending on where you are at is that the new proposal wants to stop delays in treatment, the so called theory being that the delays are making the injuries worse. Now on the face of it this is probably true. I know in my case it is definately true however that may not be true for everyone and the proposal is rather blanket. So the proposal says that treatment could be paid for and if at a latter date the treatment is denied or claim denied then the reimbursement to WC will come from IW 's insurance , or other third party. These are only the "proposals" at this time and this is a loose description of those proposals. Now the interesting thing is that the commission that is trying to push this proposal forward is hoping to do so by the next few weeks, and in fact there are some MCO's in Ohio that have been approached to do a Pilot program using those proposals. I would definately keep informed about this upcoming possible change. Lastly it is highly unlikely that the unions won't kick up a mess over it and unlikely that the proposal will come to light . I will post a site about this for your reference.

    ---------- Post added at 03:18 PM ---------- Previous post was at 03:14 PM ----------

    This is the link regarding the above post proposal by Ohio WC. This was from the Toledo newspaper however I happened to catch by chance the press conference on PBS last week. I cannot find info on line from WC and if anyone can please post the link. This should give you the basic's and if you can write to those mentioned and express your experience and concerns.
    http://www.toledoblade.com/State/201...d-workers.html

  10. #10
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
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    Default Re: What's the Latest with Reform and is There an Injured Workers Advocacy Grp. in St

    Most states use private insurance companies to provide work comp coverage and have a state agency that oversees it and administers the law and adjudicates disputes. Bigger companies can be self-insured. Letting an injured worker select his doctor is a fairly worker-friendly provision. Here in NC, the insurance carrier gets to "direct medical treatment" in accepted claims, which means they choose the doctors for you.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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