Bentoff & Duber Co., L.P.A.Bentoff & Duber Co., L.P.A.2026-06-01T19:43:55Zhttps://www.duberlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604550/2021/07/cropped-favicon-new1-1-32x32.pngOn Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[Is your construction site safe from this leading cause of fatalities? ]]>https://www.duberlaw.com/?p=544602026-05-08T19:44:24Z2026-05-08T19:44:24Z professions are as rewarding as construction. Those who work in this industry get the gratification of seeing a final product they have built, remodeled or repaired. Although fulfilling, the construction industry is also dangerous. Part of the frustration with these dangers is the fact that the most serious risk is also preventable.
What is the most serious risk at a construction site?
Falls remain a leading cause of fatalities in construction. In an effort to encourage safer worksites, the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) conducts an annual event to raise awareness. The event, the National Safety Stand-Down to Prevent Falls in Construction, occurs in May and aims to drive change by encouraging fall prevention training and hazard recognition exercises. This event is just one of many the agency uses to help address this serious issue.Although OSHA is taking steps to help reduce the risk of falls, this hazard remains a serious issue for construction workers throughout the country.
What are common causes of fall injuries at construction sites?
The four most common causes of falls at construction sites include:
Openings and holes. A hole in the floor or opening in a wall are common at construction sites. Guardrails, safety nets and personal fall arrest systems help to reduce the risk of a fall. This is especially important when the opening leads to a fall of 6 feet or more to the lower level.
Improper scaffolding. Scaffolds are necessary to reach areas of a construction site. When put together and used according to manufacturer instructions, along with proper fall protection, they are relatively safe. When these precautions are not in place the workers are put at unnecessary risk.
Unguarded rebars. Even a relatively small fall onto an unguarded rebar can result in serious injury. Reduce risk by capping or bending rebar.
Misuse of ladders. Portable ladders are a convenient way to get to hard to reach areas. Make sure it is stable and secure before use. An unstable ladder can slip and result in serious injury.
Precautions for each of these risks can significantly reduce the potential for a fall injury at a construction site.
What legal remedies are available to workers who are injured in fall while working a construction site?
Those who are injured while on-the-job often qualify for workers’ compensation. This system provides funds to help cover the costs associated with the fall which can include medical expenses and lost wages. Workers must report the injury and complete paperwork to receive benefits. The process can be complex and the provider may deny the claim. If denied, it is possible to appeal and continue to demand entitled benefits. Although OSHA is working to increase the safety at construction sites and reduce the risk of dangerous falls, accidents continue to happen. When those accidents occur during the course of completing one’s work, construction workers may have the right to benefits through workers’ compensation. ]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[3 benefits of hiring a workers’ compensation attorney]]>https://www.duberlaw.com/?p=544592026-04-30T02:33:59Z2026-04-30T02:33:59Z1. Support complying with requirements
From mandatory employer reporting to the submission of official paperwork within a brief window to initiate an appeal, there are many technical steps required for a successful workers' compensation claim. Delays before taking key steps and mistakes with claims paperwork are common reasons for delayed or denied claims. A workers’ comp attorney can help ensure that their client understands and fulfills all requirements during the claims process.
2. Benefit optimization
Employees who are unfamiliar with workers’ compensation benefits may not pursue all of the support they qualify for and deserve. They may settle for medical coverage when disability benefits might be available, for example.
In cases involving permanent disability benefits, workers might agree to a payout far lower than what they could receive under current policies. An attorney can help a worker understand the benefits available to them and maximize the benefits they ultimately receive.
3. Assistance during disputes
Workers’ compensation claims are frequently unpredictable. There may be questions about whether an injury is work related or disagreements about the medical treatment a worker requires. An attorney can assist with appeals. They can help an injured professional secure the testing they require to validate the extent and the origin of their injuries.
There's often a limited window of opportunity in which to appeal or contest unfavorable decisions, and hunting for an attorney after something goes wrong can leave workers in a time crunch. Retaining legal support early in the workers' compensation claims process can help employees get the benefits they deserve without unnecessary complications.]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[Is Your BWC Check Keeping Up with Rising Costs?]]>https://www.duberlaw.com/?p=544582026-04-27T09:46:50Z2026-04-27T09:46:50ZOhio workers face increased living costs and higher minimum wage standards in 2026. This state has a minimum wage of $11 per hour for non-tipped workers and $5.50 for tipped workers, so it is no surprise that many people struggle to make ends meet. Some workers live paycheck-to-paycheck, so missing any time at work presents challenges, even if that time is because the worker was hurt on the job.Injured workers will sometimes receive temporary total compensation, which is a wage replacement benefit if they’re unable to work. Workers’ compensation benefits in Ohio typically rely on two key wage calculations:
Full Weekly Wage usually applies during the initial 12 weeks of temporary total compensation.
Average Weekly Wage takes effect afterward and examines earnings from the 52 weeks prior to the workplace injury.
These calculations should capture actual earnings rather than simply basic hourly pay. Issues can emerge when insurance companies overlook overtime pay, bonuses, shift premiums, commissions or other standard compensation elements. When carriers rely on outdated or incomplete wage information, workers may receive smaller weekly payments than they deserve. This can have a negative impact on their ability to support themselves.
The importance of accurate wage information
Workers who routinely earned overtime before their injury could face significant payment reductions if those extra hours are excluded from calculations. This same problem affects production incentives, attendance rewards and other regular pay supplements. During a period of rising wages and costs, even minor calculation errors can impact essential expenses like housing, food, transportation, and medical bills.Workers can request a rate adjustment through the Ohio Bureau of Workers' Compensation (BWC) to challenge wage calculations. This process typically begins by collecting earnings documentation, including pay stubs, wage records, W-2 forms, bonus statements and overtime records from before the injury occurred. These cases can be complex, so it’s best for the worker to have someone on their side who can help them to learn their options and move their workers’ compensation case forward. It’s critical that all records are fully accurate so the proper calculations can be made. ]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[What workers’ comp does not cover in Cleveland?]]>https://www.duberlaw.com/?p=544562026-04-10T01:20:02Z2026-04-10T01:19:20ZWhat workers’ compensation typically excludes
Workers’ compensation in Ohio follows strict rules. Even if your injury feels work-related, your claim could still face denial if it falls into one of these categories:
If your employer proves that drugs or alcohol caused the accident, workers’ comp will deny your claim. This applies even if the injury happened at your workplace. It is also important to know that workers’ compensation does not cover injuries that result from:
Intentional self-harm.
Horseplay or reckless behavior.
Violating company safety policies.
For example, ignoring forklift safety rules in a warehouse could put your benefits at risk.
If your injury affects your ability to support your family long-term, you may need to explore additional legal options.
What does this mean to you?
If you are dealing with a severe injury, uncertainty about coverage can feel overwhelming. You might worry about medical bills, lost income, or how to care for your family.
Understanding these limits helps you:
Avoid common claim mistakes.
Strengthen your case from the start.
Identify when you may need additional legal action.
If your claim was denied or partially covered, do not assume that is the definitive answer. Many valid claims get rejected due to technical issues, missing evidence, or disputes over what qualifies as “work-related.” An experienced workers’ compensation attorney can review your situation, explain your rights, and help you pursue the full benefits you deserve.
]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[What to do after a workers’ comp denial]]>https://www.duberlaw.com/?p=544532026-03-11T19:10:47Z2026-03-17T13:59:57ZGetting a workers’ compensation denial can feel discouraging, especially when you’re already dealing with an injury. But a denial doesn’t mean the end of your claim. You have options to challenge the decision and move closer to getting the benefits you deserve.
Understand why your claim was denied
Start by reading the denial letter carefully. It should explain why your claim was rejected. Common reasons include missed deadlines, incomplete forms or disputes over whether the injury happened at work. Once you understand the reason, you can focus on fixing the issue or gathering stronger evidence.
Gather evidence to support your claim
If your employer or the insurance company questions your injury, more documentation can make a big difference. Collect medical records, witness statements and any workplace reports related to the incident. Make sure your doctor provides detailed notes that clearly connect your injury to your job duties. Accurate and consistent information helps prove your claim.
Appealing a decision
In Ohio, you have the right to challenge a denial through the the Ohio Industrial Commission (IC). You can file a Notice to Appeal to start the process, which you must do within 14 calendar days from the date of receiving the initial decision. After that, you’ll receive a date for a hearing before a workers’ compensation judge. This step gives you a chance to present evidence, explain your side and have your case reviewed fairly.
Stay organized and meet all deadlines
Missing deadlines can hurt your appeal. Keep track of all documents, correspondence and dates. Ohio workers’ compensation law has strict timelines for filing appeals, so act quickly once you receive a denial. Being thorough and prompt can strengthen your case and prevent further delays.
Keep your recovery the priority
While the process can take time, your health should remain your main focus after a serious work injury or illness. Continue your medical treatment and follow your doctor’s recommendations. A strong recovery record not only helps your well-being but also supports your claim with consistent evidence.A denied claim can be frustrating, but it’s also a chance to take a closer look at your case and build a stronger one. By understanding what steps to follow, you can improve your chances of success. Persistence and preparation often make the difference in getting the outcome you deserve.]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[Key facts about Ohio BWC alternative care approvals in 2026]]>https://www.duberlaw.com/?p=544522026-03-11T08:27:15Z2026-03-11T08:27:15ZAlternative care is now possible
The BWC prioritizes treatments that address the root cause of your recovery delays, which can include:
Weight loss drugs: The BWC may approve weight loss medications if your weight is a barrier to healing an allowed condition.
Specialty medications: Doctors may prescribe non-opioid drugs to address pain and lower addiction risks.
Physical therapy: The BWC prioritizes advanced physical therapy and functional restoration over surgery to minimize invasive procedures.
While the BWC is open to these approaches for work-related injuries, you still need to prove that your treatment is evidence-based.
The significance of the utilization review
Even with these shifts, getting approval is not automatic. Your Managed Care Organization (MCO) performs a utilization review using the Official Disability Guidelines (ODG). While the ODG provides the clinical data for what treatment works for certain injuries, the MCO must still apply the Miller Criteria to your specific case. If the MCO thinks your doctor’s request is too experimental or lacks evidence, they will issue a denial.
What to do when the MCO denies your claim
Fortunately, you have a clear path for filing a reconsideration. Under Ohio law, you have 14 days from the date of receipt of the MCO’s decision to start the alternative dispute resolution process. The BWC will then review the dispute and issue an order. If the BWC still says no, you have 14 days to file a formal appeal to the Ohio Industrial Commission.
Because these 2026 regulations involve complex medical-legal intersections, navigating the appeals process alone is risky. Seeking legal guidance would be wise to see whether your medical evidence meets the BWC’s specific criteria.]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[What happens if your employer disregards safety rules at work?]]>https://www.duberlaw.com/?p=544512026-03-10T12:21:34Z2026-03-10T12:21:34ZThe significance of VSSR in work injury cases
Generally, workers’ compensation claims are no-fault. This means that you get medical coverage and lost wages regardless of who caused the accident. However, if your employer failed to implement safety rules, you can hold them accountable for their negligence.
In Ohio, employers must comply with the Ohio Administrative Code for safety requirements, such as machine guarding, protective clothing and scaffolding. This means they cannot blame you for not using the safety equipment if they did not provide it or insist on its use.
The financial impact of a proven VSSR claim
If you prove a violation, the Industrial Commission will award you an additional 15% to 50% of the maximum statutory weekly rate. Your employer directly pays for this penalty and cannot use insurance premiums to cover it.
Holding employers accountable
Employers often hide behind the no-fault system to avoid responsibility for unsafe sites. Under Ohio law, you have the right to seek compensation for damages caused by their negligence.
Start by filing a VSSR claim within one year from the workplace incident. Include evidence on the rule that your employer violated and how it was the proximate cause of your injuries. Seeking legal counsel on this matter can help you navigate the complex statutes in Ohio.]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[Proving Ohio workplace injuries if you work from your living room]]>https://www.duberlaw.com/?p=544502026-03-02T13:21:16Z2026-03-02T13:21:16ZProving your injuries are work-related
Ohio law covers only injuries that you receive “in the course of” and “arising out of” your employment under Ohio Revised Code Section 4123.01(C). If you are unable to meet both of these requirements, you may lose your claim.
“In the course of” examines the time, place and the circumstances of an injury. You must show that you injured yourself during work hours and while you performed a job duty or something reasonably related to it.
On the other hand, “arising out of” examines the cause of an injury. You must be able to show a clear link between your work and the risks leading to the incident. To determine whether or not your injury meets these requirements, Ohio courts often review factors such as:
The location of your workplace at home
Your employer’s degree of control over the workplace or your activity
Whether or not your activity can benefit your employer
When you work remotely, control becomes harder to prove because your employer does not manage your home. You may still succeed in your claim, but to do so, you must prove that your job created the risk.
For example, you may have a strong claim if you trip over the cord of your work laptop during a scheduled video meeting. You may also have a valid claim if you slip while carrying work documents to a printer that you use for your job. In both cases, your task must serve your employer. Generally, you can strengthen your claim by:
Documenting the task: Write down what you were doing, why it served your job and who assigned it
Confirming the timing: Save calendar invites, call logs, emails and app activity that show you worked at the time
Taking a photograph of the scene: Take clear pictures of cords, rugs, spills, lighting and the layout of your workplace
Reporting the injury right away: Notify your supervisor and follow company policy
Seeking medical care: Tell the provider exactly what work task you performed and keep all records
Clear and consistent facts help you prove that your job, not your personal life, is what caused the injury. If you cannot prove that your injury is work-related, you are less likely to win the claim and receive financial compensation.
How does the personal comfort doctrine apply?
Ohio follows the personal comfort doctrine, which is a rule that permits you to take short, necessary breaks during the workday without leaving the course of employment. Using the restroom, getting water or stretching often falls within this rule.
However, the doctrine has limits. Your break must stay brief, reasonable and related to sustaining your workday. Courts also look at whether the activity indirectly benefits your employer by allowing you to continue working.
If you slip while grabbing water between calls, you may show that you remained in the course of your employment. On the other hand, if you fall while doing laundry or mowing the lawn during your shift, you will likely step outside the scope of your job. You can protect yourself and your claim by:
Keeping breaks short and close to your workstation
Avoiding household chores during work hours
Preserving timestamps, chat messages or calendar entries that show a brief pause between tasks
The more relevant or beneficial your activities are to your job, the stronger your claim can become. Bear in mind that courts examine each case individually, which means outcomes are not uniform and circumstantial evidence can affect your ability to receive financial compensation.
Protecting your remote work injury claim
When you work from home, you must prove that your injury occurs in the course of and arises out of your employment under Ohio Rev. Code § 4123.01(C). You need clear evidence that ties the risk and the activity to your job.
If you want to protect your workers’ compensation claim, you need to act quickly. Gather evidence and take note of lost wages and medical expenses. The key to strengthening your claim is presenting solid proof that your injury is related to your job – and the stronger your claim, the more likely you are to win.]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[Can a past injury block your ‘new’ workers’ comp claim?]]>https://www.duberlaw.com/?p=544492026-02-27T20:45:46Z2026-02-27T20:45:46ZUnderstanding Ohio workers’ comp standards
You do not need perfect health to qualify for benefits through the Ohio Bureau of Workers’ Compensation (BWC). If a work accident substantially aggravates an existing condition, you may still be eligible for coverage.
This legal standard means the accident caused a real, measurable change in your physical health. You must prove this through objective medical evidence rather than just your personal report of increased pain. Under Ohio workers’ comp rules, providing this proof often involves:
Clinical findings, such as documented swelling, muscle spasms or a decreased range of motion
Diagnostic findings such as new damage visible on an MRI, X-ray or CT scan
Test results that compare your physical abilities before and after the workplace incident
This evidence proves the work incident caused a specific shift in your condition. You must show that the accident, not the "natural deterioration" from aging, primarily caused your new symptoms.
Overcoming typical denial tactics
Insurance adjusters often search through your past medical records to find reasons to deny your claim. They might argue your current pain is just a "flare-up" or part of a condition you already had.
Adjusters use your medical history against you to avoid paying for your medical bills and lost wages. You can overcome this strategy by:
Being transparent with your doctors about all past injuries and surgeries
Highlighting exactly how this new accident changed your daily physical abilities
Maintaining consistent treatment to document the ongoing impact of the new injury
Accurate medical reporting builds a timeline that connects your job duties to your worsening health. Strong documentation prevents an insurance company from dismissing your injury.
Why professional legal guidance matters
Fighting for benefits with a preexisting condition is a steep uphill battle. The laws regarding "substantial aggravation" are strict and require specific technical proof to satisfy the BWC. You generally have only one year from the date of the injury to file your claim.
Missing this deadline permanently bars you from receiving compensation, regardless of the injury's severity. Skilled legal guidance ensures that you present your medical evidence correctly to protect your rights against unfair denials. Your lawyer handles the complex paperwork and negotiations so you can focus entirely on your physical recovery.]]>On Behalf of Bentoff & Duber Co., L.P.A.<![CDATA[Ohio workers’ comp: Shifting mental health coverage in 2026]]>https://www.duberlaw.com/?p=544462026-02-23T23:06:01Z2026-02-23T23:06:01ZExpanding coverage for first responders
Recent changes have finally provided a path for first responders to receive support. House Bill 184 and earlier efforts like House Bill 308 created a dedicated fund for those on the front lines. This means certain workers no longer need a physical wound to qualify for help.
If you work in one of these roles, you may be eligible for benefits:
Police officers and sheriff deputies
Firefighters and emergency medical technicians
Public safety officers facing duty-related trauma
The State Post-Traumatic Stress Fund helps cover lost wages and medical bills. This is a vital resource for those who see trauma daily. It acknowledges that your service comes with a unique mental burden.
Support for healthcare workers and burnout
The conversation around burnout has also reached a turning point this year. While standard "work stress" is still hard to claim, the state is moving toward a broader view of occupational disease. Healthcare workers in high-intensity settings now have more standing to argue that chronic stress is a workplace injury.
You should consider seeking legal advice if you experience these symptoms:
Persistent anxiety related to workplace trauma
Depression stemming from an occupational disease
Flashbacks or sleep issues caused by specific job incidents
Extreme burnout that prevents you from performing your duties
These conditions are serious and deserve professional attention. You do not have to carry this weight alone.
Taking the next step toward recovery
Understanding your rights is the first part of the healing process. Many people feel guilty about filing a claim for mental health. Please remember that these benefits exist to keep you healthy and safe. The law is finally catching up to the reality of your work life.
If you feel overwhelmed, reaching out to a legal guide can help. They can review your case and guide you through the BWC process. Do not let the complexity of the law stop you from getting the care you deserve.]]>