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No one wants to think that they’ll get injured at work. If your job is generally considered safe, you may not give much thought to Ohio’s workers’ compensation system. However, since anyone can suffer injuries on the job or develop an occupational illness, you need to know the basics of filing a workers’ comp claim. Even though a Cleveland workers’ comp attorney can help you following your injury, you should still be aware of some of the mistakes you should avoid.

Thinking You Have a Long Time to File Your Claim

If your injury wasn’t classified as an emergency, you may put off filing your claim because you want to continue working or you have other things going on. However, you only have one year to file a workers’ comp claim for an accidental injury and the time goes by very quickly. Also, if you delay in seeking treatment and the matter goes to arbitration or litigation, you may be deemed negligent. This could have implications for your ability to claim compensation. Meanwhile, if you discover that you have an occupational illness at a later date, you only have six months from the date of your diagnosis to file your claim or two years from the date that your condition prevented you from working.

Waiting to See If Your Condition Improves

As soon as you suffer a workplace injury or get diagnosed with an occupational disease, you need to file your claim. Some employees get scared that they will lose their job, miss out on wages or upset their employer by filing for workers’ comp. Others think the process is too much of a hassle. In both cases, workers may decide to wait to see if the injury will get better before they even see a doctor. Workers who suffer serious injuries have to go to the doctor, but they may delay in filing their claim. This can be a costly mistake.

Not Filing a Claim Because Your Employer Advises You Not To

It’s illegal for employers to talk their workers out of filing a claim but many still do it. They may offer to cover your medical expenses themselves or provide paid vacation time. Alternatively, they may threaten to fire you if you go ahead with the claim. This is because their workers’ comp insurance premiums may increase if a payout has to be made.  However, your employer must provide you with the paperwork you need to get your claim started. It doesn’t matter whether they find it to be inconvenient. Don’t be afraid to stand up for your rights.

Going to a Doctor Your Employer Chose

In Ohio, you have the right to choose the first doctor you see after your injury. You don’t have to go to a doctor your employer selects or recommends since this person may not be as independent as you would like. If you need to continue seeing a doctor, you’ll need to choose one approved by the Ohio Bureau of Workers’ Compensation. However, the choice of who treats you is still up to you.

Not Appealing the BWC’s Decision If You Don’t Agree

After you file your claim, the BWC will either approve it or deny it. Even if the claim is approved, you may not agree with the nature or amount of benefits you’ve been awarded. If you don’t agree with the decision, you can appeal. The instructions for how to do so will be on the notification letter and you’ll have 14 days to file your appeal. Within 45 days, you’ll have to attend a hearing. Your workers’ comp attorney can help you to prepare for this. If you don’t like the decision here, there are additional levels of appeal.

Going Back to Work Too Soon

Your employer should not rush you or threaten you to return to work prematurely. You also shouldn’t feel guilty about taking the time you need to recover. Your physician will advise you on when you can safely return to work. After you get 12 weeks of temporary disability benefits, you can still get two-thirds of your weekly wage for a longer period.

Let Our Cleveland Workers’ Compensation Attorneys Help You with Your Claim

You don’t have to go through the workers’ comp process on your own. Contact our workers’ comp lawyers in Cleveland and get help with choosing the best doctor, meeting deadlines, and communicating with your employer. We can also assist with appealing denials and representing you at hearings. Call us to today to schedule a consultation.

Workplace injuries don’t only result from accidents or the usual workplace conditions. Sometimes, they are due to intentional violence. Around two million workers in the United States fall victim to some form of violence every year, prompting them to seek representation from a Cincinnati workers’ compensation attorney. Violence ranges from verbal threats to physical assault and even homicide.

Some employees are more likely to be victims of violence than others. For example, women are more likely to encounter violence than men and people who work in health care or social assistance are especially vulnerable. Cashiers, postal workers, taxi workers, and others who handle money or face the public while alone also more likely to become victims of violence. That being said, any worker in any industry can be assaulted.

If you’ve been injured because of violence in your workplace in Ohio, you may be wondering about your options. Usually, employees can claim workers’ compensation benefits whenever their injuries arise out of employment or in the course of employment.

It generally doesn’t matter how the injury occurred as long as it work-related. Therefore, some injuries resulting from violence can be covered. However, when violence is involved, there may be additional avenues for compensation. A workers’ compensation lawyer can help you to explore all your options.

In the event that you die as a result of your injuries, your family can also seek help from an attorney. Homicide is actually the number one cause of workplace death for women and the second leading cause of workplace death for all employees. More than 700 people die as a result of homicide in North American workplaces annually and their survivors are entitled to compensation.

 What to Do if You’re A Victim of Violence in the Workplace

If you’ve been assaulted at work, you need to seek medical attention. In an emergency situation, you should go to the hospital or doctor right away and then report the incident to your employer. However, if it’s not an emergency, you can notify your supervisor first and then seek medical attention.

In any case, you need to report the injury to your employer as soon as possible. Even if you think they should have heard about the incident through the grapevine, you still need to formally report it if you intend to seek workers’ comp benefits. You should also report the assault to the police. If you believe the violent incident occurred because your employer failed to provide a safe environment, you can file a complaint with the Occupational Safety and Health Administration.

Important Considerations When Injuries Result from Violence

It is important to note that not every violent act that occurs at a workplace is eligible for workers’ comp benefits. Let’s say you’re a nurse and a patient struck you while you were drawing blood or hooking them up to an IV. Your injuries would clearly be work-related. However, if someone with whom you had a personal relationship stormed into your workplace and struck you, this wouldn’t be considered a work-related injury.

If you’re not eligible for workers’ comp, you’ll want to look for alternative ways to get compensation. Your first thought may be that your employer should pay up. However, even if it was a coworker who committed a violent act against you, your employer isn’t automatically responsible for what happened. You may have to file a personal injury lawsuit directly against the person who assaulted you. That being said, if your employer knew or should have known that the worker was violent, it’s possible they could be held liable for your injuries.

In such a case, you could be eligible for both workers’ compensation benefits and civil compensation. Lawsuits against employers or third parties often allow victims to get benefits that they wouldn’t receive under workers’ comp. These include damages for pain and suffering, mental anguish, and other intangible losses.

Let Our Ohio Workers’ Comp Attorneys Help You to Protect Your Rights

The workers’ compensation process is supposed to easy to navigate. However, many injured employees find that it is difficult to handle alone, especially if acts of violence are involved. To ensure your rights are protected and you get all the compensation to which you’re entitled, you should hire a lawyer to handle the case on your behalf.  You shouldn’t have to deal with the aftermath of a violent attack on your own. Book a consultation with our Cincinnati workers’ compensation lawyers and learn about the options available to you.

Silicosis is an irreversible, disabling respiratory condition caused by inhaling silica dust and it can be fatal. Crystalline silica is a hazardous mineral that can be found in sand, soil, concrete, granite, brick, and rocks. Silica dust is usually created through cutting, grinding or drilling these materials.

 

Workers who are at risk for silicosis include those working in construction, mining, agriculture, and manufacturing. Given the seriousness of this condition, they should always wear respiratory protective gear when disturbing materials containing silica.

 

Unfortunately, there’s not a lot of discussion about the danger associated with silica. Workers in Ohio and across the country breathe in these microscopic parties and they don’t always know they could be at risk for silicosis. Sometimes, they only become aware when they develop symptoms and go to the doctor.

 

Like other workers who develop occupational diseases, individuals who are diagnosed with silicosis may be able to get workers’ comp benefits. However, it can be difficult to navigate the claims process alone. Silicosis doesn’t have a clear onset date like an accidental injury does and it can be hard to prove it’s work-related. That’s why ill workers usually need help from an experienced Cleveland workers’ compensation lawyer.

 

Attorneys are there to ensure that you get the full amount of compensation you are due. For such a serious illness, you’ll likely be eligible for more than just benefits to cover medical expenses and lost wages.

 

Types of Silicosis

 

Silicosis generally falls into one of three categories. The most common type of the disease is simple chronic silicosis. It results from exposure to small amounts of silica over a long period, usually more than 20 years. People with simple chronic silicosis often experience breathing difficulties.

 

Meanwhile, accelerated silicosis occurs following exposure to larger amounts of silica over 5 to 15 years. Symptoms of this form of silicosis appear more quickly and they tend to be more severe than those associated with simple chronic silicosis.

 

The third form of silicosis is acute silicosis. This can be caused by short-term exposure to high levels of silica dust. The onset of symptoms can be sudden, and they may include swelling and fluid accumulation in the lungs resulting in low blood oxygen levels and severe breathing difficulties.

 

Generally, symptoms of silicosis include:

 

• Shortness of breath
• Severe coughing
• Fatigue
• Weakness
• Fever
• Loss of appetite

 

Since silicosis is a progressive disease, you may not notice symptoms until the condition becomes life-threatening. That’s why it’s so important for employers to notify workers about the dangers of exposure to silica dust and provide adequate personal protective equipment.

 

Responsibilities of Employers Under the Law

 

The Occupational Safety and Health Administration has published a Respirable Crystalline Silica Standard for Construction. It requires that employers take steps to limit exposure to the substance. Once an employer knows or has to reason to know that the level of silica is above a specific level, they must inform workers about the risks.

 

Employers are required to work with professionals to determine how much silica is present on a site. They must then take steps to protect workers and provide respirators if necessary. OSHA is clear about all the things employers in the construction industry must do. They are required to:

 

• Have a written plan that includes procedures to protect workers and restrict access in areas with high silica levels
• Task a competent individual with implementing the plan
• Limit practices that expose workers to silica
• Provide complete medical exams every three years for specified workers
• Educate workers on the dangers of exposure and how to reduce that exposure
• Keep accounts of exposure and medical tests

 

Contact A Cleveland Workers’ Comp Attorney for Help with Your Claim

 

If you have developed silicosis, lung cancer, or any other type of illness because of exposure to silica dust, you may be entitled to compensation. You’ll need to act quickly to ensure you file a timely claim and do everything possible to ensure you get the benefits you deserve. You won’t be able to continue working in your current role and you may even be too ill to work again.

The only way to protect your future and that of your family is to file a solid claim with strong supporting evidence. At the earliest opportunity, you need to contact a workers’ compensation attorney in Cleveland and get advice on how to proceed. We’ll investigate and apply our knowledge and experience to the case. Book your consultation today.

If you suffered an on-the-job injury or you were diagnosed with an occupational illness, you may be wondering about what you should do next. The uncertainty can be a pain. However, the good news is that many other people in Cincinnati have gone through a similar experience. They often turn to their attorneys to ensure that they know their rights, and that no one takes advantage of them. Many workers have similar questions so you can benefit from their experience. Let our Cincinnati workers’ compensation attorneys look at five of the most common questions that injured workers often have.

Am I Eligible for Workers’ Comp Benefits in Ohio?

Most employees in Ohio can get workers’ comp benefits if they suffer a workplace injury. However, not all injuries are compensable. To get compensation:

• Your injury or illness must have occurred while you were engaged in work-related activities.
• The activity must have been performed in Ohio.
• The injury or illness must have resulted in a period of disability during which you could not work.

In addition, you must not have caused the accident or been breaking the law at the time. Being under the influence of alcohol or drugs is also likely to preclude you from claiming compensation. Other issues are likely to come up when determining whether your case will qualify, especially if your employer challenges your claim.

Do I Still Have Time to Work on My Workers’ Comp Claim?

In Ohio, workers generally have one year from the date of their accident or diagnosis to begin the claim process. However, there may be factors that influence the deadlines that apply to your specific case. If you think you may have missed the filing date, you should contact a Cincinnati workers’ compensation attorney as soon as possible. They will look into your case and determine if you still have time to file. You shouldn’t give up without first talking to a lawyer.

What Information Do I Need to Submit with My Claim?

You will need to prove that you suffered an injury or illness on the job. The incident report, your medical records, and information from your employer regarding their investigation will be important. You’re also likely to need copies of your prescriptions and other documents that prove that you were unable to work. Your work stubs can also be used to show how much you were earning at the time of the accident. Several categories of workers’ comp benefits are calculated based on your average weekly wage so proof of your earnings is important. In addition to gathering and submitting your paperwork, you will likely have to undergo an assessment from a doctor chosen by the Ohio Bureau of Workers’ Compensation.

What Should I Do If My Claim Is Denied?

Not all workers’ comp applications are approved. As with any other insurance system, your request for benefits could be denied. There may be a dispute over whether your injuries were work-related or if they’re so serious that you can’t return to work. Your lawyer will help you to appeal your claim so you can get the benefits you deserve. In many cases, submitting additional proof of your injuries is enough to get the denial reversed.

However, there are times when paperwork is not enough, and you’ll have to attend an in-person hearing. You would be able to make your case for benefits while accompanied by your attorney. If this appeal is unsuccessful, you can send your application to a special review panel. If all else fails, you’ll have to file a lawsuit to fight for the benefits you deserve. Your attorney will advise you on whether or not you should take your case to court.

Do I Really Need to Hire a Lawyer?

You’re not required to have an attorney to navigate the workers’ compensation process. It’s supposed to be a much easier way to get benefits than filing a personal injury lawsuit. However, the process is not as straightforward as it may appear, especially for someone who is ill or injured. If your condition is serious and you’re going to have to miss lots of work, it’s best to hire a lawyer to handle the case on your behalf.

Contact a Cincinnati Workers’ Comp Attorney Today for Assistance

Instead of trying to file your claim alone, contact our workers’ comp attorneys in Cincinnati and schedule a consultation. We’ll review your case, answer your questions, and advise you on how to proceed. Don’t delay in seeking legal representation.