If you are injured in the workplace, you have a right to be paid for disability caused by the accident. Call our Ohio Workers’ Compensation Lawyers from Wisehart Wright Trial Lawyers today at (419) 625-7770.
Introduction to Workers’ Compensation in Ohio
Attorneys Adrienne Hines & Victor Kademenos can help with your workers’ compensation questions.
Watch the following video to hear Victor Kademenos answer your Workers Compensation questions:
If you were hurt in a workplace accident, or you have a family member who has been hurt or killed, there may be help available for you. You may be able to receive workers’ compensation benefits if the accident happened in the course of your employment and arose out of your employment. An Ohio workmans’ comp lawyer can help you with your claim.
In the course of employment — This means your injury happened while you were working at your workplace or another place you were required to be for your job.
Arising out of your employment — This means your injury was caused by some risk or danger related to your job.
While workers’ compensation laws can be complicated, the attorneys at Wisehart Wright Trial Lawyers can advise you of your rights and get you the compensation you deserve.
Our attorneys are certified in workers’ compensation law, which means they go through special training to better handle cases — staying up to speed on new developments in current Ohio law to keep their certificates. To be recognized as specialists, they must be certified by the Ohio Bar Association.
If you’re uncertain whether you can submit a workmans’ compensation claim, or your employer is telling you that you can’t, our experienced lawyers can answer questions and help you determine if a claim might be possible.
What is Workers’ Compensation?
If you are injured in the workplace, you have a right to be paid for disability caused by the accident.
Workers’ compensation, also often called workmans’ compensation, is designed to allow workers who are injured on the job to receive a way to get their medical bills covered without needing to sue their employer.
Having an established system in the workplace to handle injuries that happen on the job saves time, costs, and risks for both workers and their employers.
TYPES OF INJURIES THAT CAN BE COMPENSATED
Generally speaking, under Ohio Rev. Code 4123.01 an “injury” for workers’ comp purposes may include:
- Brain Injuries
- Neck Injuries
- Back injuries
- Broken Bones
- Burns
- Eye Injuries
- Hearing Loss
- Polytrauma
- Amputations
- Psychological Injuries
- Knee and Shoulder Injuries
- Chest and Abdominal Injuries
Under the current workers’ comp system, an injured worker cannot sue his or her employer, but the worker is guaranteed benefits as long as they are eligible.
How do workers comp claims work?
When you’ve been injured on the job, there are certain steps you need to go through to make a workmans’ compensation claim.
Notify your employer
about your injury.
File a claim
with the Ohio Bureau of Workers’ Compensation known as a First Report of Injury (FROI). This can be done by you, your employer, or by a managed care organization to which your injury has been reported by a health provider. The FROI can be filed online or by mail to a BWC office.
The Ohio Bureau of Workers’ Compensation will open a file
and investigate your claim. The BWC is supposed to allow or deny the claim within 28 days.
If the claim is disallowed
you will have 14 days to appeal the denied claim and request a hearing on your claim with the Industrial Commission of Ohio.
If the Industrial Commission denies your appeal,
you can make an additional appeal to the Court of Common Pleas in the county where you live or work.
This is a simplification of a process that can be quite complicated under different circumstances. Your case may involve large stacks of medical records from different providers or other technical information. Expert witnesses may be necessary to support the validity of your claim. Appeals may involve complex legal questions. You stand the best chance at getting your claim approved if you seek the help of a knowledgeable Ohio workers’ compensation lawyer who will advocate on your behalf to get the compensation you deserve.
Important Topics In Ohio Workers’ Compensation Cases
The workers’ compensation system is a complex bureaucracy. It is natural to have a number of questions if you’re facing a claim. We offer information on some additional topics related to Ohio workers’ compensation that we hope will be helpful as you explore your options. We also invite you to call us to talk to a lawyer about your injury and any questions you might have.
Dangerous Machinery
Accidents involving heavy or dangerous machinery can be life altering, and lead to serious disability or even death. There are specific safety requirements relating to dangerous machinery. If the employer fails to follow these specific safety requirements, the injured worker has a separate claim for violating the specific safety requirements or VSSR in addition to the workmans’ compensation claim.
Traveling Employees
If you get into a car accident and are injured on your way to perform a task that is a regular part of your job – you may be covered under workers’ compensation.
Statute of Limitations
Ohio’s workers’ compensation system is there to ensure employees receive necessary medical care and assistance with lost wages if they are injured; however, there is a deadline for filing a legal claim.
Workers Comp Settlements
Reaching a settlement agreement in a workers’ comp claim can be very complex and your employer’s insurer may not have you best interests in mind. Make sure you negotiate a fair settlement for your lost wages, injuries, and medical expenses.
Out-of-State Employers
Ohio workers’ compensation claims can become complicated when the employer is a company from another state.
Construction Accidents
Construction accidents are among the most common causes of workplace injuries and workers’ compensation claims.
Repetitive Stress Injuries
The number of workers suffering from a repetitive stress injury or (also called cumulative trauma disorders) such as carpal tunnel syndrome is on the rise — mostly due to the increased use of computers and account for one of the largest sources of workers’ compensation claims.
Disability Benefits
There are several types of workers’ compensation benefits based on your level of disability. Determining which type of disability compensation is appropriate can be complicated, requiring medical documentation and help from an experienced attorney.
Workers’ Compensation Appeals
If you’re injured at work, you depend on workers’ compensation benefits to meet your needs and support your family. If your claim is denied, either by an employer or the Ohio Bureau of Workers’ Compensation (BWC) you may not know where to turn. Fortunately, there is a way to appeal this decision and obtain the funds you need.
Uninsured Employers
All employers are required to have workers’ compensation coverage, but sometimes an employer may not have paid into the state fund or been adequately self-insured. Even when an employer is uninsured, an injured worker has options.
Employee Fraud
There can be serious consequences when an employee is accused of workers’ compensation fraud.
Death Benefits
Losing a loved one due to a work-related injury or illness can be devastating. Surviving dependents are entitled to workers’ compensation benefits and it is important to go over your rights and all your options with a knowledgeable professional.
Wage Loss Benefits
When you are unable to work or return to work because of a job-related injury, being able to receive some of your wages is vital to your and your family’s survival. If you are unsure of whether this type benefit is available, you should speak with a certified workers’ compensation specialist.
Medical Benefits
If you have a valid workers’ compensation claim in Ohio, you are entitled to receive medical benefits to pay for the medical bills and treatments related to your injury. Learn how this process works by consulting an experienced Ohio workers’ compensation professional.
Third-Party Liability
When a work-related injury is caused by a third party, such as a driver causing a car accident, you may have options to sue the third party to recover any damages not paid by workers’ comp.
Call our skilled Ohio Workers’ Comp Lawyers For Your Claim
At Wisehart Wright Trial Lawyers, we have decades of experience successfully handling workers’ compensation claims for injured Ohio workers.
We’ve handled workers’ compensation claims with the BWC, the Industrial Commission, and in numerous courtrooms around Ohio. We’ve helped countless workers get their medical bills and lost wages paid so that their families and their futures would be secure following a devastating accident on the job.
We approach every case with compassion and are committed to zealously representing you through every facet of the claims process.
Call our Ohio workers’ compensation lawyers for a free consultation today.