Can I have more than one open workers compensation case in Ohio?
The short answer to this question is yes, but there can be some restrictions in certain situations in BWC cases in Ohio when the two injuries have some type of correlation. Many times injured workers return to work before their workers comp injury completely heals, subsequently suffering another injury to the same particular part of the body. In addition, some injuries are more serious than originally diagnosed and can worsen when the employee returns to full unrestricted work duties. Many times employers will allow an injured claimant to work, which only allows the medical benefits portion of workers compensation protection. However, some employers will not allow a worker to return until they are fully released to return to work by all medical professionals who have treated the injury. This can create a complicated legal situation for the novice injured worker, depending on the material case factors, and more often than not an experienced workers compensation attorney is necessary to be compensated equitably when an employee has been injured at work while a claim number is still active.
Valid Claim Activation
Any workers compensation case in Ohio is assigned a claim number upon notification of the injury and the Bureau of Workers’ Compensation then investigates the facts of the claim. Each injury is assessed on its own merit as an individual injury claim, which then is active for a specific amount of time or until the injured worker has healed to the point of being able to return to work without restriction. BWC cases in Ohio close when the worker is statuary period of time limited on passes or the employee reaches a settlement agreement on an open claim.
Multiple Injury Claims
When multiple claims involve different medical issues, each injury will normally be evaluated separately. When a worker remains on the job in a restricted physical work situation and the injury worsens, the injuries may be combined under one claim number if the injuries happened close together. This could be problematic when a typical injured employee is attempting to claim full compensation for the injury unless they have an experienced workers compensation lawyer representing the case in full detail.
Serious injuries that will result in a disability ruling following a workers compensation case in Ohio can be high-value claims and are often fully investigated by the employer or the BWC. Problems can arise when multiple injuries are connected and the second injury is determined to have occurred outside of the scope of employment.