Loss of Use Attorney in Lima, Ohio

What Is a Loss of Use in Workers’ Compensation?

In a workers’ compensation case, a Loss of Use (SLU) occurs when a person has permanently lost the use of a body part, eyesight, or hearing due to a work-related accident. Some common examples of schedule losses include the loss of use of any of these body parts or sense organs:

• Arm
• Finger
• Foot
• Hand
• Toes
• Leg
• Hearing
• Eyesight or vision

What is a Scheduled Loss Award (SLA)?

Under Ohio workers’ compensation laws, a scheduled loss award is a financial compensation or cash benefit that is paid to an injured employee for the permanent loss of wage-earning capacity. Depending on the injury or loss of use, an injured employee may qualify for weekly payment over the duration below:

• Arm – 225 weeks
• Hand – 175 weeks
• Foot – 150 weeks
• Vision – 125 weeks
• Hearing – 125 weeks
• Leg – 200 weeks

In addition, prorated weeks will be available for each toe, finger, eye, and hearing loss. An experienced Ohio workers’ compensation attorney can inform you about the claims process and help you navigate key decisions.

The Process of Applying for Compensation

In order to file a workers’ compensation claim – seeking a scheduled loss award – in Ohio, you should follow the steps below:

• Get immediate medical help from a qualified physician.
• Undergo an independent medical evaluation (IME). The doctor will evaluate the magnitude of your injury and determine an equivalent percentage.
• Report your injury to your employer immediately.
• File an official workers’ compensation claim with the Bureau of Workers’ Compensation (BWC).
• Complete the necessary forms and provide other supporting documentation.
• The BWC will assign a number to your claims. This can be used to monitor its status.
• Hire an experienced lawyer to help file your workers’ compensation claim.

Additionally, employees who suffer amputation or loss of use may be eligible to receive statutory permanent total disability (PTD) alongside their scheduled loss award. Hence, it is important to ensure that the IME is an exact reflection of the magnitude of your injuries.

Reasons for Denial

However, your workers’ compensation claim MAY be denied due to the following reasons:

• Failure to report your injury on time.
• Intoxication or drug-related violation.
• Injuries were caused by an unrelated incident.
• Failure to file your claims on time.
• Injury is from a pre-existing medical condition.
• No video surveillance footage or witnesses as evidence for your injury.
• IME was not done by an approved physician.
• Misrepresentation.
• Further investigation is needed.
• Your injury was caused by your careless or negligent actions.

Appealing the Decision

To appeal the decision, you can:

• File an appeal with the Notice of Appeal (IC-12), or
• Send a written document to the Bureau of Workers’ Compensation (BWC).

Also, ensure that you provide the following information in your appeal:

• The name of the injured worker and employer
• The claim number
• The date of the order being appealed
• The reason for the appeal

A hearing officer will review your appeal and make a decision within seven (7) days. A knowledgeable attorney can guide you through the appeal process in pursuit of the most favorable outcome for your unique situation.

Take Legal Action Today

Losing a body part or sense organ due to a workplace accident can be extremely emotional and overwhelming. Nonetheless, you don’t have to suffer the challenges and financial liability all on your own. Hiring a workers’ compensation attorney is crucial to explore your options to seek scheduled loss benefits and guide you through the claims process.

At Siferd & Associates, LPA, we provide outstanding legal guidance and represent clients in their workers’ compensation cases. Also, we can assess your case details diligently, determine the workers’ compensation benefits that are available to you, and help file your claims. Even if your claims were denied, we can help file your appeal, get the previous decision overturned, and help you pursue your rightful workers’ compensation benefits.