A common problem I am asked about frequently is why is my injury only allowed for a strain/sprain when I have tests from medical facilities confirming a larger problem. This is an area of Workers' Compensation law that is often in dispute. Often times an employer will agree a worker was injured, but will only agree that the injury was minor or of a strain/sprain variety. As an injured worker pay attention to your diagnosis from your physician versus what your allowed condition is per the Ohio Bureau of Workers' Compensation. The longer these two descriptions differ the more likely you are to have difficulty in the future. I have had several cases which these disputes were the foundation of litigation in front of the Industrial Commission (IC) and beyond. For instance, the Ohio Bureau of Workers' Compensation (BWC) has your injury listed as a left shoulder strain/sprain but you have an MRI confirming a rotator cuff tear. It is in your best interest to have the description of injury or allowed condition changed to include the rotator cuff tear as quickly as possible to save yourself headaches in the future. If you have been injured in the course and scope of your employment (hurt on the job, hurt at work) you may contact our office for a FREE consultation. Appointments are usually available within 24 hours of your call. We can be reached at 937-339-3939.
The attorneys at Klein, Tomb & Eberly always want to share helpful information concerning areas of the law they regularly practice.