Legal Question in Workers Comp in Ohio

My company is downsizing and my position is being elimintated. My last day is 12.31.09. My question is, I have a workers' compensation claim for an injury that occured during my employment here and am waiting for authorization for surgery at this time. If the authorization for surgery does not happen until after my last day here, am I still eligible for pay while I am off and cannot work?

Please advise


Asked on 12/04/09, 11:32 am

1 Answer from Attorneys
Andrew Tobergte McKenzie & Snyder LLP.

Thank you for your question. The key concept to keep in mind is, can you return to your former position of employment? That is, can you physically perform your old job? Generally speaking, if you cannot, then you are eligible for "temporary total compensation" ("TT") while you are in the healing process, regardless of whether or not your position has been eliminated.

I would be happy to discuss your BWC Claim in more detail. Keep in mind there are benefits Ohio Workers' Compensation offers of which you may not yet be aware. Feel free to give me a call anytime. We do work in Franklin regularly.

Andrew R. Tobergte, Esq.

McKenzie & Snyder LLP

513-737-5180 ext.22

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Answered on 12/09/09, 1:35 pm


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