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Ohios workers comp a few questions.

Cincinnati, OH |

I was recently claimed partially disabled and go tot he doctor theis week to determine impairment rating. I am sure I will be laid off because I cannot climb a ladder or carry one anymore. I was not sure what my options are. After settlement and being laid off can I claim unemployment, or what options are available? I am not wanting to necessarily get a lawyer for the settlement portion because I luckily have not had any problems and do not anticipate having any in the future, but I would be more than happy to talk to one for advice.

Attorney Answers 5

Posted

The adjuster will be totally delighted if you choose to negotiate settlement without the help of a lawyer.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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1 comment

Kurt Matthew Young

Kurt Matthew Young

Posted

I agree, except we're one of the few hold out state fund states so no adjuster, but otherwise the Ohio Bureau of Workers' Compensation or the employer's Third Party Administrator would love to negotiate with you without someone to explain what rghts you have.

Posted

You can talk to a lawyer and get advice on settlement. An attorney has a better chance of knowing the full value of the case and will not believe the adjusters numbers without proof

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Posted

Attorneys Bollinger and Connell have given you good advice. You need to consult with a workers compensation attorney and discuss the value of your claim. There are many different types of benefits which you are entitled to before you settle.

Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question does not constitute an attorney client relationship, nor can his answer be relied on since the question does not permit Attorney Sternberg to seek additional information necessary to render an legal opinion.

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Posted

Recognize that you are saying you want the benefit of an attorney without paying a fee. You say that you have "not had a problem" but you have no idea whether you have been treated fairly, under the law. You cannot make an informed decision without knowing your options. Only your attorney is going to take the time to explain how the law benefits you.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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Posted

Under Ohio law the Ohio Bureau of Workers' Compensation and/or the Self-Insured employer have NO obligation to tell you what you are entitled to. In fact, they are prohibited from giving you legal advice. Most claims never settle in Ohio (98.5% don't, 1.5% do) and the average settlements are low ($10,000 was the average in 2011). Permanent Partial Disability in no way means you can't work and is in no way a settlement. If this is a BWC exam, then 19/20 the doctor will be very conservative and pro-employer and spend

This answer does not constitute legal advice for your situation and no attorney-client relationship has been formed. We can only assist you if you come into our office, meet with one of our attorneys, sign the necessary fee agreement and other necessary workers' compensation forms. Until then, we are not acting as your attorney and can take no actions to protect your interests. Further, we can not properly advise you as to the deadlines to act, also known as the statute of limitations. We can tell you missing such a deadline, even when you are unaware of, will result in you losing all rights under your claim.

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