Workers’ Compensation Law
Few employee benefits impact so drastically on a company’s bottom line as the unnecessary payment of Workers’ Compensation premiums or self-insured compensation benefits. SSEG employment attorneys have years of experience in managing and defending Workers’ Compensation claims before the Industrial Commission of Ohio and the Courts of Common Pleas throughout the state. SSEG attorneys routinely appear before the Industrial Commission on issues of initial allowance of a claim, motions to further allow a claim for additional conditions, disputes over treatment, applications to reactivate a dormant claim, applications for permanent partial or permanent total disability, temporary total disability, and wage loss benefits, violations of specific safety requirements (VSSR) and intentional tort.
SSEG maximizes the use of paralegals and other trained professionals to reduce costs while permitting the SSEG Workers’ Compensation Law attorneys to focus on the key issues. Billing rates are designed to permit the client to maintain a competitive edge.
Many Workers’ Compensation matters end up in court. There, SSEG lawyers have honed their litigation skills to vigorously defend such claims by scrutinizing the underlying facts and analyzing the medical issues. Experienced in ways to present Workers’ Compensation cases to juries from the employer’s prospective, SSEG attorneys can obtain successful results and favorable settlements.
Certain matters involving questions as to extent of disability can only be reviewed by resorting to special proceedings – declaratory judgment or mandamus. While these proceedings are foreign to many lawyers, SSEG workers’ compensation law attorneys are accustomed to implementing novel remedies to enforce employer’s rights. SSEG has a history of producing significant legal precedent that has benefited all Ohio employers.
When Everything is at Stake
Under certain circumstances, an injured worker may bring an intentional tort action against the company or file a claim for violation of a specific safety requirement. If the employee is successful, these awards are paid directly by the employer. Rarely is insurance available to pay for such compensation. Although most intentional tort cases have been now legislatively outlawed, the claimant’s bar continues to find creative ways to prosecute these claims.
Medical and Vocational Consultants
SSEG attorneys are all well versed in the complex issues involved in Workers’ Compensation injuries and occupational diseases. SSEG has access to networks of physicians and occupational specialists to consult with and testify, where necessary.
Interaction with Other Laws
Recent amendments to the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA), together with other state and federal laws affecting handicaps, disabilities and discrimination, require that all employment decisions involving injured workers be carefully analyzed from many legal aspects, not only Workers’ Compensation Law. Because SSEG Workers’ Compensation Law practitioners are also skilled employment lawyers, they are familiar with most complex employment issues.
Moreover Ohio law provides certain remedies to injured workers who claim discrimination on account of their having pursued a Worker’s Compensation claim. SSEG attorneys have successfully defended many such cases which are routinely combined with other employment tort claims.
Subrogation and Indemnity
In certain situations, a self-insured employer can be reimbursed for its Worker’s Compensation costs or, in the case of a state fund employer, credited its premium expense. If an injury or occupational disease has been caused by a defective product or the negligence of another, recovery from the tortfeasor may be available.
Working with Third Party Administrators
Many companies retain the services of TPA’s to assist in the management of their Workers’ Compensation programs. SSEG is accustomed to working with such providers to maximize the efficiencies of both organizations. TPA’s, however, are not law firms and, as such, are precluded by law and agreement with the Ohio State Bar Association from making legal arguments at hearings, cross-examining witnesses, and providing legal opinions. Most injured workers, on the other hand, are represented by attorneys who specialize in maximizing Workers’ Compensation benefits for their clients.
SSEG’s workers compensation law representation and experience includes administrative hearings, court appeals, disability evaluations, OSHA investigations and citations and much more.
Please call us at (216) 566-8200 or fill out this handy online contact form to setup a consultation with one of the members of the SSEG Workers’ Compensation Law Practice Group and find out more about how we can help.