Heller, Maas, Moro & Magill Co., LPAFindLaw IM Template2024-03-06T13:40:34Zhttps://www.ohiodisabilitylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603430/2022/01/cropped-site-icon-hmmm-32x32.jpgOn Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490112024-03-06T13:40:34Z2024-03-06T06:01:53ZUnderstanding your rights
As an employee, you have the right to seek medical care and make decisions about your health independently. This includes obtaining a second opinion if you have doubts about a diagnosis or treatment plan provided by your employer's doctor. Health experts explain that getting a second opinion can bring clarity to a situation, even if you trust the first doctor you visited.
Navigating the process
If you are considering getting a second opinion, be sure to communicate openly and respectfully with your employer. Explain your concerns and intentions clearly, emphasizing your desire to make well-informed decisions about your health. Many employers understand and respect the importance of seeking additional medical advice when necessary.
Finding the right doctor
When seeking a second opinion, choose a qualified and reputable healthcare professional who specializes in the relevant field. Look for someone who has experience dealing with your specific medical condition or symptoms. Consider looking for a doctor who is independent of your employer's network to ensure impartiality and objectivity in their assessment.
If you are pursuing a workers' compensation claim, your employer likely has a preferred doctor they will recommend to you. Your healthcare provider's accuracy and quality of care can affect the settlement you receive, though. It is of the utmost importance to seek medical care that you trust, even if that means seeking a second opinion.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490102024-02-28T03:36:39Z2024-02-28T03:36:39ZSaying no to injury claims
When workers file for workers' compensation, bosses might say the injury is not real or it did not happen at work. They want workers to prove them wrong, making it harder to get the money they need.
Delaying medical care
Some employers drag their feet when it comes to getting injured workers medical help. By waiting, they hope to make the injury seem less serious and pay less. However, waiting can make things worse for the worker.
Failing to document
Bosses might not write down what happened when someone gets hurt at work. Without proof, workers have a tough time showing they got hurt on the job, making it harder to get help.
Offering less money
Sometimes, employers offer injured workers less money than they need. They hope workers will take it to end things quickly and cheaply. However, this leaves workers struggling to pay for medical bills and lost wages.
Retaliating and scaring
Some bosses use threats or bullying to scare workers away from asking for workers' compensation. They might threaten to fire them or make their work life tough. This makes workers afraid to speak up.
Struggling with workers' compensation can feel overwhelming, especially when faced with these employer tactics. However, by staying informed, workers can protect their rights and overcome these challenges.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490082024-02-20T14:59:30Z2024-02-20T07:00:13ZWhat counts as a work-related injury?
Generally, workers’ compensation covers injuries that happen while you are performing work duties or engaged in work activities. This includes injuries sustained during your scheduled work hours and while doing activities considered part of your job, such as a delivery driver getting gas or making deliveries.
It also includes any injuries that occur at conferences, meetings or trade shows required for your job and during company-sponsored events such as holiday parties or team-building activities.
What about injuries outside of work hours?
Just because you clocked out for the day does not necessarily mean you cannot file for workers' compensation. You may still qualify if you got injured on company property, such as tripping in the parking lot. You might also qualify if you were completing a work task outside of work hours, such as checking emails from home or if you became ill due to work-related stress or exposure.
Workers’ compensation applies to a variety of work-related injuries and incidents. The key is being able to show a strong enough connection between your injury and your employment. Keeping detailed records can help demonstrate that link.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490072024-02-12T20:04:01Z2024-02-12T20:04:01ZWhat is an independent medical exam?
An IME is an examination by a doctor who is not affiliated with you or your treating physician. The examiner will review your medical records, examine you and write a report with their findings and opinions. This gives the insurer an impartial perspective for determining benefits or offering a settlement.
Why are independent medical exams required?
IMEs help claims adjusters make informed decisions regarding your claim. Your treating doctor works for you, so they are not considered unbiased. The IME doctor provides a neutral third-party medical evaluation to determine if your injury is work-related and whether treatment is necessary. This protects against fraud and unnecessary costs.
What happens during an independent medical exam?
The exam usually involves reviewing your records and medical history, asking questions about your job and injury, diagnosing your current condition and determining your work capacity. The doctor will write a report on their findings, which carries significant weight in the claims process. Make sure you communicate openly and clearly about your symptoms and experiences.
Independent medical exams simplify the processing of workers’ compensation claims by providing independent assessments. While the exam may feel invasive, try to view it as a means to facilitate your claim. Your cooperation is an important part of ensuring your future benefits.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490062024-01-18T19:50:51Z2024-01-18T19:50:51ZOn Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490032023-10-06T15:12:51Z2023-10-06T15:12:51ZGeneral rule
The workers' compensation system expects injured workers to cooperate with their employers when it comes to returning to work after an injury. The state also expects employers to make a genuine effort to accommodate an injured employee's limitations by offering light-duty positions. These modified job roles minimize physical strain and facilitate the injured worker's recovery.
Right to refuse
The situation becomes complex when an injured worker feels that the light-duty position is unsuitable or unsafe for their specific medical condition. In such cases, the worker might wonder if they have the right to decline the offer.
In most cases, if an injured worker refuses a legitimate and reasonable light-duty job offer without a valid reason, they risk losing their workers' compensation benefits. This is because workers' compensation sees refusing such an offer as a failure to mitigate damages. This is a legal principle that requires injured parties to take reasonable steps to minimize their losses.
If the offered light-duty position is significantly different from the worker's regular job or poses a risk to the worker's health, that may be a valid reason to decline.
Physician's opinion
Another factor to consider is the opinion of the treating physician. In many cases, the treating physician's assessment of the injured worker's capabilities plays a pivotal role. If the doctor believes that the light-duty job is not appropriate given the worker's medical condition, it can strengthen the worker's position in declining the offer without jeopardizing their benefits.
Injured workers facing light-duty job offers must navigate a complex landscape of legal rights and obligations. There are valid reasons and protections in place that may allow injured workers to decline such offers.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490022023-08-09T20:27:34Z2023-08-09T20:27:34Zviolence such a threat to nurses and other healthcare workers in Ohio, whether they work at a large, world-class facility such as the Cleveland Clinic or at a smaller facility?
Patient emotions can run high
Healthcare workers are often bearers of bad news, whether to family members of a patient or the patient themselves. Patients may receive news that their illness is progressing more quickly than they expected, and they may take their frustration out on those providing their care.
Family members of patients who learn that their loved one just passed away may feel that healthcare staff did not do enough to save their loved one and react violently when in that highly emotive state.
Nurses have access to addictive substances
Hospitals give nurses access to prescription medications to help control any pain that a patient might experience. However, the access that healthcare workers have put them at greater risk of receiving an attack by a patient who wants more medication. In addition, someone from outside of the hospital experiencing addiction may enter the facility with the intention of forcefully acquiring more of a particular substance.
Healthcare workers harmed by violence on the job are eligible to receive workers' compensation. Along with being aware of the risks associated with the profession, nurses should know what rights they have if affected by violence.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=490012023-08-09T20:25:17Z2023-08-09T20:25:17Zretail workers’ challenges.
Increased violence
Anyone who has seen the news in the last few years should recognize the sharp increase in violence against retail workers. Customers yell at, harass and even physically assault these individuals. Unfortunately, this leaves workers feeling unsafe. In fact, 40% of frontline workers reported feeling unsafe at their job due to physical threats.
In addition, 2022 saw 694 fatalities due to violence, which is an increase of 17% from 2021 and 35% from 2019. In fact, between January and November 2022, 112 people died from gun violence at Walmart stores, not to mention the thousands that get assaulted, including sexual assault, each year.
Retail theft
Theft has become a daily occurrence for many retail stores. In fact, some cities and states have ceased prosecuting these crimes, resulting in greater threats. Unfortunately, this crime increases retail workers’ anxieties and decreases their safety. They experience diminished happiness and increases in stress.
Greater workloads
Staff shortages require workers to take on more work. They may have to do jobs that they have not received training for or that are outside their physical capacity. These workers may even work extra shifts, overtime or double shifts. This workload can result in fatigue, which places them at risk of greater stress and workplace injuries.
Fortunately, workers injured at work, including in violent attacks, can receive workers’ compensation benefits. However, these retail stores need to adopt strategies that combat unsafe worker conditions.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=489832023-05-31T18:39:12Z2023-05-09T18:35:12Z1. Wear wrists splints
Pressure on the median nerve is the cause of most carpal tunnel pain. Wearing braces with a splint to keep your wrists straight helps relieve that pressure and prevent the pain before it stops.
2. Stretch your wrists
Anytime you have a free moment, make a fist and slowly stretch your fingers until they are straight again. Do this at least five times a day to help relieve pressure on the nerve and prevent flare-ups.
3. Lighten the load
If you spend a significant amount of time each day writing, lifting heavy objects or operating machinery, minimize the force you use to grip onto something. If you type, lighten your tap on the keys and use wrist rests to keep your wrists straight.
4. Take breaks
Give yourself time between tasks to wiggle your fingers and flex your hands. Allowing blood to flow can help reduce swelling that puts pressure on the nerve.
5. Keep warm
Carpal tunnel can cause stiffness, and cold air can exacerbate it. Keep your hands warm, even if you have to keep a pair of fingerless gloves nearby.
If you have carpal tunnel because of your job, you may need to seek medical attention and alert your employer.]]>On Behalf of Heller, Maas, Moro & Magill Co., LPAhttps://www.ohiodisabilitylaw.com/?p=489822023-04-11T20:47:12Z2023-04-04T00:12:07Ztraumatic brain injury victims. These practices incorporate physical movements, breathwork and meditation, which can all contribute to the healing process.
Neurological issues
TBI can affect the brain's ability to function, but yoga can help with this. For one, some postures can increase blood flow to the brain, which can promote healing and recovery. Certain breathing exercises can also help increase the brain's oxygen levels, which is good for cognition.
Emotional disorders
The practice of yoga can help individuals feel more relaxed and calm, which can improve overall mood and emotional well-being. Looking at depression in particular, researchers found a 47.2% improvement among TBI patients on average.
Physical injuries
Yoga can be an effective therapy for improving overall physical function after a brain injury. Certain poses can stretch and strengthen muscles, which can help relieve pain and improve range of motion. Additionally, yoga can improve circulation, which can help reduce inflammation.
Sleep disturbances
Sleep disturbances are common in individuals recovering from brain injuries. Researchers found that yoga can help alleviate this problem: One study saw a 14.29% improvement in sleep.
Patients should talk to their doctor before starting any new exercise program. Depending on the severity of the injury, certain poses and exercises may not be appropriate. That said, yoga is a promising complementary therapy for brain injury victims looking to enhance their recovery.]]>