Workers Compensation: How Long Do Benefits Come To You?

If you’re already collecting workers compensation benefits, you may be wondering when they’ll run out. Once you’ve been out of work for a while, it almost makes it harder to go back. This is especially true if you suffered a serious injury. You start to worry that you won’t be able to do the same kind of work you did prior to your workplace accident. You even to start second-guessing your abilities the longer your claim stretches out. Our employment lawyers in Columbus, Ohio meet with people very week who feel the same way you do. At some point, you know your benefits are going to expire. You just don’t know when that day will come.

Here, we’ll discuss the different ways in which your benefits can end. We will also explain what maximum medical improvement is and why it’s so critical to your claim. If, after reading this article, you still have questions about your claim, give us a call. We can always schedule your free, initial consultation right over the phone.

You Must First Qualify for Workers Compensation

Before you can worry about how long you can collect workers compensation benefits, you need to qualify for them. In Ohio, as in every other state, there are certain requirements you must meet in order to qualify for workers compensation. Some of these include the following:

• Your accident must take place on company time
• Typically, your injury must occur on company property
• If you work remotely or at home, your injury must take place while you’re acting within the scope of your employment
• You cannot be under the influence of drugs or alcohol at the time your accident
• You must report your injury to your manager or human resources right away
• You must submit to a drug test
• You must agree to be treated by a state- approved workers compensation physician
• You’re not allowed to work at another job while you’re out on workers compensation
• You must participate in your treatment

If you meet all these requirements, there’s a good chance your employment lawyer in Columbus, Ohio will be able to get you benefits.

If Approved, You’ll Receive Two Major Types of Benefits

Once your workers compensation claim is approved, you’ll be entitled to two main types of benefits. The first type of benefits you’ll receive is medical treatment for your injuries. As long as the treatment is for injuries suffered during your workplace accident, they will be covered by your employer’s insurance company.

The second main type of benefits you’ll receive are weekly replacement wages. These will be equal to 2/3 of your average weekly wages. Until you’ve been out of work for at least seven consecutive days, you will not be entitled to receive these benefits. However, once you’ve been out of work for 14 consecutive business days, your benefits will kick in and you’ll be paid retroactively for the first seven days.

You Can Collect Workers Comp Benefits for Up to 200 Weeks in Ohio

Anybody who’s approved for workers compensation in Ohio is allowed to collect benefits for up to 200 weeks. This is just shy of four years. While very few of our clients have ever collected benefits for that long, they are there if you need them.

Unlike most other states, Ohio is willing to extend the benefits period by 26 weeks if you are unable to find a job after the 200 weeks expire. If you’re not able to do the work that you did prior to your accident, you may need to look for a new job. Or, for personal reasons, you may choose not to return to the same employer that you worked for when you got hurt.

You’ll Have to Return to Work Once the Doctor Determines You’ve Reached Maximum Medical Improvement

At some point, the workers compensation doctor is going to determine that you have reached something called “maximum medical improvement.” This just means that your physician determines that further medical care is not going to improve your situation. Usually this happens once you’ve received any necessary surgeries and have attended physical therapy for a period of time.

Since every case is different, and since everybody responds differently to treatment, there’s no way to know for sure when this will happen. Is the doctor says that you’re ready to return to work and you disagree, your injury lawyer in Columbus, Ohio can get a second opinion. They’ll reach out to an independent doctor and ask them to examine you and determine if they feel you are indeed ready to return to work. If not, your attorney will discuss this with your employer and their insurance carrier and ask for an extension. If they refuse to grant this extension, you can always appeal it to the workers compensation commission or file suit.

Your Employment Lawyer in Columbus, Ohio Can Help if You’re Forced to Return to Work too Soon

As stated above, if you employer tries to force you to go back to work before you’re ready, your employment lawyer in Columbus, Ohio will fight to get you additional time. However, whether you’re ready to return to work or not, once you’ve reached the 200-week mark, your benefits will terminate whether you like it or not.

Contact an Experienced Injury Lawyer in Columbus, Ohio Right Away

If you were hurt while on the job, you should be able to collect workers compensation benefits. The question is – how long can you collect them? As explained here, your benefits can end a couple of ways. You can either be deemed ready to return to work, or you’ll exhaust your 200 weeks of benefits. Your injury lawyer in Columbus, Ohio will work hard to get you the benefits you deserve. And, if you suffer a permanent disability, your attorney will try to negotiate a settlement of your claim.

We suggest that you call our office so you can schedule your free, initial consultation. Sit down with an employment lawyer in Columbus, Ohio who can review your claim and let you know what to expect. They can also help if your employer tries to force you back to work early. Even if you’re already receiving benefits, you should still have someone by your side to make sure your benefits aren’t terminated unfairly.

Since your initial consultation is free, you have nothing to lose.

Workers Compensation Case: Should I Get a Lawyer?

If you get hurt at work, you have no reason to think that you won’t qualify for workers compensation benefits. After all, you followed your company’s policy and reported your injury right away. You weren’t under the influence of drugs or alcohol at the time of your accident. You even agreed to take a drug test prior to treatment. This is why you may be shocked and frustrated when you hear that your workers comp claim has been denied. The best way to handle this is to call an Ohio workers compensation attorney right away.

One of our associates will reach out to your employer and find out why your claim was denied. They will also let the insurance company know that they represent you and that all future communications must come through our office.

Here, we will discuss the benefits of having an Ohio personal injury attorney help with your workers comp case. Not only will the insurance company not be able to take advantage of you, but you’ll have the assurance that your claim will be handled properly from day one. All you have to do is call our office and schedule your free, initial consultation.

It’s Better to Hire an Ohio Workers Compensation Attorney Right from the Start

Some people like to wait until their claim has been denied before they hire an attorney. There’s nothing wrong with doing this. However, the longer you go without an attorney, the harder it will be for them to appeal your claim later on. If they get to review your case while it’s still fresh, they can try to negotiate payment with your employer before it reaches the appeals stage.

If the insurance company doesn’t think you have an attorney, they may take their sweet time reviewing your claim. They may tell you that your initial claim wasn’t filled out properly. They may claim that you refused medical treatment. All sorts of things can happen at the beginning of the workers compensation process. You’ll be in much better shape if a Ohio workers compensation lawyer is there by your side.

You Don’t Want Your Employer to Take Advantage of You

In our experience, a lot of our clients tell us that the reason they hired a lawyer is because their employer was taking advantage of them. Some clients tell us that their employer tried to force them to come back to work before they’re ready. Others tell us that their employer approved their benefits and then turned around and terminated them a week later. As long as you don’t have an Ohio personal injury attorney handling your case, the insurance company will continue to try to take advantage of you. They may offer you a month’s worth of benefits and then expect you to come back to work. They may tell you that your workers compensation doctor has determined that you have reached maximum medical improvement way too early. If you have an attorney, they will not attempt to do these things. They know that your lawyer isn’t intimidated by them and will not fall for any of their tactics.

If Your Claim is Denied, Your Lawyer Can Help with Your Appeal

If your employer or the insurance company does deny your claim, your Ohio workers compensation lawyer will help you file an appeal. Depending on the reason why your claim was denied, the insurance company may change their mind and agree to pay your claim. For example, if your claim was denied because you did not complete the necessary paperwork, your Ohio personal injury attorney can resolve that matter rather quickly. If, on the other hand, your claim was denied because your employer thinks you were hurt outside of work, it’ll be a lot harder to appeal your claim. At that point, it may make more sense to just go ahead and file suit.

As a Last Resort, Your Ohio Workers Compensation Attorney Will File Suit

If you thought filing your workers comp claim was hard, wait until you try to file a lawsuit all by yourself. There are so many minute rules and procedures that you need to follow that it’s very easy to make a mistake. If you make a mistake when you file your initial complaint, it will be rejected, and you’ll have to start the process all over again. This means that you’ll have to pay your filing fees all over again as well. If you have an Ohio workers compensation lawyer handling the case for you, you don’t have to worry about these things happening.

Speak with an Experienced Ohio Personal Injury Attorney Today

If you suffered a workplace injury and you’re not sure if you need to hire an attorney, you’re not much different than our other clients. A lot of people think they can handle their workers comp claim on their own. Then they realize they’re in over their head. It seemed simple at first. You fill out some paperwork, go out to see the workers compensation doctor, and then you get your benefits, right? Unfortunately, it’s not always so simple. Our Ohio personal injury attorneys meet with clients every week who thought the claim would be approved only to find out it was denied days later. What we do is help our clients get the benefits they deserve. If you suffered permanent injuries of any sort, we’ll fight to make sure the insurance company fairly compensates you.

Timing is everything when it comes to filing your workers compensation claim. That’s why we suggest you contact our office as soon as possible after your workplace accident. We can set up a date and time to come in and meet with one of our Ohio personal injury attorneys. They will review your case and give you an idea of whether your claim will be approved. They will also be by your side throughout the workers compensation process.

We recommend that you call our office and schedule your free, initial consultation within days of your workplace injury. This way, your lawyer can help you file your initial workers compensation claim and make sure it’s handled properly from the start. Since you don’t pay our firm anything until we settle your case, you have nothing to lose.

Columbus Workers Compensation Lawyers: Time and Your Case

When it comes to the law, time is always a factor. Whether you’re filing a personal injury lawsuit or for divorce, there is always a strict timeline you must follow. The same thing is true for workers compensation in Ohio. Even though the State of Ohio oversees the workers compensation process, it only becomes a legal matter when your claim is denied. At that point, you will have to file a lawsuit against your employer. The good news is that you don’t have to handle this on your own. Our Columbus workers compensation lawyers have helped thousands of people navigate the workers compensation program in Columbus, Ohio.

If you’ve recently gotten hurt on the job and aren’t sure what to do next, don’t panic. That is why we are here. All you have to do is call and talk to one of our personal injury attorneys in Columbus, Ohio. We can sit down with you and explain how the process works. We can also break down the filing deadlines. The last thing you want to do is miss your filing window and end up with no benefits.

Here, we will discuss the various filing deadlines you have to worry about when filing a workers compensation claim. We will also explain what happens if you miss any of these deadlines. If you still have questions or concerns about your own case, give us a call. We can schedule your free, initial consultation right over the phone.

The First Thing You Need to Do is Report Your Injury to Your Employer

When we tell our potential clients that they need to report their injury right away, they seem confused. This is because Ohio law states that you legally have 2 years to file your claim. However, if you wait this long, it will be very hard to get your claim approved.

In our experience, you don’t want to wait more than a day or two to report your injury. There are a few reasons for this:

• The longer you wait to report your injury, the harder it will be to prove your injuries were the result of a workplace accident.
• You should never go this long without medical treatment. Your health must be your first priority.
• Any treatment you receive prior to reporting your injury will not be covered by workers compensation.
• You have no idea if your employer will still be in business two years down the road.

Obviously, if your injuries are extremely serious, it may take a little time to report your accident. If you’re in the hospital for a long time or aren’t conscious, there isn’t much you can do. Barring that, there is no good reason to wait to report your workplace injuries.

It’s important to remember that, if you don’t file your claim within that 2-year period, your claim will be dismissed and you’ll lose your right to pursue benefits. This is no different from the Ohio statute of limitations. If you miss your filing window, you walk away with nothing.

You Also Need to Seek Medical Treatment Right Away

As mentioned briefly above, you need to seek medical care immediately. Under Ohio law, your care won’t be covered unless you were treated by a state-approved workers compensation doctor. This means that any treatment you received from your primary health provider or at the emergency room will not be covered.

There are a few reasons for this. First, the State of Ohio decided long ago that only certain physicians would be certified to handle workers compensation cases. This is very clear. When you first suffer your injury, you’ll either be assigned a state-approved doctor or your personal injury attorney in Columbus, Ohio will get to select one for.

Another reason for this is that your employer has a right to know what’s going on with your care. Since they are paying for both your medical bills and replacement wages, they have a vested interest. As long as the doctor they send you to is on the approved list, you really have no right to complain.

One thing to remember is that you can always get a second opinion. If your workers comp doctor says that you’re ready to go back to work and you don’t agree, your Columbus workers compensation lawyer can get a second opinion.

Your Columbus Workers Compensation Lawyer Only Has 14 Days to File an Appeal

If, for some reason, your workers comp claim is denied, you can file an appeal. Your personal injury attorney in Columbus, Ohio only has fourteen days to do this. The fourteen days starts on the date the Ohio Bureau of Workers Compensation issued their order.

Since a few days will have gone by, waiting for the letter in the mail, you probably have closer to 7-10 days to file an appeal. If you don’t file your appeal in time, the denial will become permanent, and you won’t have the option of an appeal. This is the last thing you want to happen.

Our Columbus Workers Compensation Lawyers Will Make Sure Your Claim is Filed on Time

As you can see, when it comes to Columbus workers compensation, there are a lot of ducks you need to keep in a row. It isn’t just a matter of reporting your injury. If you think you can sit back and depend on your employer to do the right thing, think again. In an ideal world, it would work that way. Unfortunately, one thing our personal injury attorneys in Columbus, Ohio have learned is that we don’t live in an ideal world.

If you’re worried that your benefits are in jeopardy because you didn’t file your claim in time, contact our office. We can check to see what the issue is with your claim. We can also reach out to the insurance company and see if they’ll approve your claim if the information is provided.

Worst case, we can always file a Columbus workers compensation lawsuit against your employer. This is the last thing they want to happen. Not only will it cost them money to defend the case, but they could lose. And they don’t want it to get out that they don’t take care of their employees.

Call today and schedule your free, initial consultation. You don’t have to pay anything upfront, so you don’t have anything to lose. Since your employer will have a team of lawyers working for them, it’s in your best interest to hire an attorney to help you.

Workers’ Comp Claim: How Do You File One?

If you’ve ever been injured at work, then you know how confusing the workers comp system can be. Many Columbus injury lawyers aren’t even comfortable handling filing a claim. Thankfully, the associates at our firm have decades of combined experience working with clients whose workers compensation claims have either been denied or closed. While this can be extremely frustrating, the best thing you can do is call one of our Columbus workers compensation lawyers. They’ll review your case and make sure your workers comp claim in Ohio is handled properly from the start.

Here, we’ll explain what you can do immediately after your workplace accident to protect your workers comp claim. We will also discuss the workers compensation process. Since the process can be overwhelming for many workers, it makes sense to have a legal professional by your side.

You Must First Qualify for Workers Compensation

Before you can worry about benefits, you have to make sure you qualify for workers compensation benefits in Ohio. Ohio is no different from most other states when it comes to workers compensation rules and qualifications. Basically, if you meet these basic criteria, there’s a good chance that your claim will be approved.

These qualifying criteria include:

• Your accident must take place on company property. If you happen to work remotely or on the road, you’ll have to show that you were acting on behalf of your employer when you got hurt.
• You must be on the clock when the accident takes place. Again, if you’re a salary employee, you’ll just have to demonstrate that you were acting within the scope of your employment when you were hurt.
• You must report your injuries to your manager, supervisor, or Human Resources department immediately. While most companies give you a few weeks or even a month to report your injuries, there is no good reason to wait. As soon as your injury takes place, find a way to let your employer know. If you’re too hurt to do this at the time of your accident, do it as soon as possible after the fact.
• You must not be under the influence of alcohol or drugs at the time of your workplace accident. If your drug test comes back positive, your claim will be denied. If you’re lucky, your employer may offer to send you to rehab. However, they are not required to do so.
• You have to agree to be treated by a state-approved workers comp doctor. You aren’t allowed to see your primary healthcare provider for your medical care.
• You cannot work another job while you’re out on workers compensation.
• You must participate in your medical treatment. If you don’t show up for doctor’s appointments or refuse to do physical therapy, your benefits will terminate.

This may seem like a lot. That’s normal. However, if you think about it, there’s a good chance you meet these requirements. If not, then you may not qualify for benefits.

What Happens if Your Claim is Denied?

If your workers comp claim is denied, you don’t want to waste any time calling a Columbus injury lawyer. Let them know what’s going on and show them your denial letter. They can reach out to the insurance company and find out exactly why your claim was denied.

If it was denied for clerical reasons, such as forgetting to fill out a form, they can usually fix this rather quickly. If the insurance company claims you didn’t file your claim in a timely fashion, your attorney will advise them that you did and that you’re willing to press the issue further if necessary.

Keep in mind – if your claim was denied because you were drunk or high at the time of your accident, we can’t help you. There’s no way an insurance company is going to pay out a claim for someone who was intoxicated on the job. The same is true for people whose claims were denied because the injuries didn’t take place at work. If you truly were hurt outside of work, then there’s no way our Columbus workers compensation lawyers can convince the insurance adjuster to pay your claim.

What Benefits Will You Receive if Your Claim is Approved?

If your workers comp claim is approved, you’ll start to receive benefits right away. From the moment your injury takes place, your medical care will be covered. As far as weekly replacement wages are concerned, you do have to miss at least seven business days before your financial benefits will start. If you end up being out of work for more than 21 days, you will likely receive backpay for the first week.

Your weekly benefits will be equal to 2/3 of your average weekly wages. This means that people who normally earn $1,000 per week will receive $666 per week under workers comp. In Ohio, the maximum amount you can receive in any given week is $1,085. This means that, if you normally earn more than $1,625 per week, you will only qualify for this maximum rate of $1,085.

The other thing about Ohio’s workers comp benefits is that they only continue for a period of 200 weeks. This comes out to be just shy of four years. After that, your benefits will terminate.

If your injuries are permanent, your Columbus injury lawyer will negotiate a settlement for your permanent, partial disability. While the process for doing this may be convoluted, it is essentially based on the body part that you injured. So, a back injury will be worth more than a wrist injury. Partial or total blindness will be worth more than an injury to your finger.

Let an Experienced Columbus Workers Compensation Lawyer Help

If you’ve been seriously injured at work and aren’t sure what to do next, don’t worry. Our experienced Columbus workers compensation lawyers have been helping workers in Ohio for years. We understand the law and also understand how the insurance companies operate. We’ll work hard to make sure you receive the benefits you deserve. And, if your injuries happen to be permanent, we will do our best to get you a fair settlement of your claim.

All you have to do is call and schedule your free, initial consultation. Knowing that you may not be in the best position to come into the office, we can conduct your consultation by phone or Skype. Just let our friendly staff know when your first call. Since this consultation is free of charge, you have nothing to lose and everything to gain.

Workplace Injury: What Are the Steps Involved?

A lot of our clients who have suffered a workplace injury through an accident have no idea how they’re supposed to proceed after the fact. Unless you’ve been through this before, or work in Human Resources, you probably have no idea how this works. Of course, your employer probably mentioned something about their workplace injury policy when you were in training. Unfortunately, very few of our clients recall exactly what their company’s policy is. The bottom line is that most people never imagine they’ll get hurt at work. When it happens, they aren’t sure what to do. Thankfully, workers compensation attorneys in Columbus know exactly what to do. The best thing you can do is call and schedule your free, initial consultation. Sit down with one of our attorneys who can help explain the workers comp process to you.

Here, we intend to explain the steps you should take after your workplace injury. We also want to discuss the reasons why you should talk to a Columbus injury lawyer as soon as possible after your accident. We don’t want you to jeopardize your chances of collecting benefits. Nor do we want the insurance company to try to take advantage of you. The best way to make that happen is to retain our services at the outset.

You Must Report Your Workplace Injury

It doesn’t matter how minor your workplace injury is. You have to report it no matter what. Typically, injured employees report their accident to their manager or supervisor. However, if they aren’t available, you can go directly to Human Resources. It’s crucial that you report your injuries immediately. You’re required to do so per Ohio workers compensation law. You also don’t want to violate your employer’s workplace accident policy.

If your manager isn’t available, report your injuries to the next person in charge. You’ll need to fill out an incident or accident form before you go out for treatment. If you wait too long to do this, the company may claim your accident never took place.

Your Columbus Injury Lawyers Need the Incident Report to Prove Your Claim

What you may not realize is that your attorney is going to need a copy of your incident or accident report. In order for them to prove you were hurt on company time, you’ll need to submit some sort of documentation. What better way to do this than to submit a copy of a report signed by your manager?

Your lawyer will also rely on this report to see what happened. The report may also have contact information for witnesses on there. If a coworker or supervisor saw the accident take place, they can help in court. Even if all they do is sign an affidavit that the statement is true to their knowledge, this will help. However, if you fail to report your workplace accident, they won’t be able to do this.

You Must Go for Treatment Immediately No Matter How Minor Your Injuries

It can be hard to tell a grown adult that they have to go to the hospital. If your HR representative instructs you to go to the hospital, you may refuse. Or you tell them you’d rather go see your own doctor. The thing is, if you don’t go out for treatment immediately, your Columbus injury lawyers will have a difficult time proving how badly you were hurt.

The other thing you need to remember is that, in order to receive workers compensation benefits, you must be treated by a state-approved doctor. If you go to see your own primary care physician, your medical care will not be covered.

You Are Going to Have to Take a Drug Test

It may seem insulting when your employer asks you to submit to a drug test when you tell them you got hurt. However, almost all employers do this today. They want to make sure they don’t pay out on a worker’s comp claim that was caused by drugs or alcohol.

If you refuse the test, don’t expect your claim to be approved. The state worker’s compensation commission is not going to sympathize with you for refusing the test. And, if you take the test and it comes back positive, there is no way your claim will be paid. In situations like this, there isn’t much your lawyer can do to help.

When your workers compensation attorney in Columbus asks if you were under the influence of drugs or alcohol at the time of your accident, tell the truth. They will find out if you’re fibbing when they look at the file. If they learn that you weren’t upfront and honest with them, they aren’t going to be comfortable representing you.

Make Sure You Comply with Your Medical Treatment

One of the problems some of our clients run into are missed doctor’s appointments. We understand that you’re only human. Things come up and you may need to reschedule appointments from time to time. However, this is a lot different from just not showing up for doctor’s appointments. The same is true for physical therapy appointments. You can’t expect to continue to receive workers compensation benefits if you aren’t participating in your own treatment.

Call an Experienced Workers Compensation Attorney in Columbus Right Away

If you get hurt at work, there’s a good chance you’ll be eligible for workers compensation benefits. However, you need to make sure you take certain steps after the accident takes place. If you follow the guidelines here, you should have no trouble getting your claim approved. Of course, if your claim is denied for some reason, just call and talk to one of our workers compensation attorneys in Columbus. We can sit down and go over your case and find out where you went wrong.

Since your initial consultation is free, you don’t have anything to lose.

Workplace Injury: What to Do Immediately Afterward?

A workplace injury is as unpredictable as the lottery. When you think of places where you could have an accident, your workplace rarely comes to mind. However, many individuals get into mishaps at work, and some even lose their lives. Employers do their best to make the workplace safe for everyone, but unfortunately, accidents happen. When it does, contact a Columbus workers’ compensation lawyer.

According to the U.S Bureau of Labor Statistics, there were 2.7 million non-fatal workplace injuries in 2020. With more than 157 million Americans in the workforce, approximately two percent of working Americans either get injured or fall ill yearly.

Sustaining an injury or falling ill affects the business owner and worker. The employee loses time from work, which results in lost wages, while the employer sees productivity decline.

American labor laws protect employees by requiring employers to provide their workers with an insurance plan. This is called workers’ compensation and mandates employers to provide benefits for employees who fall ill or get injured due to the job. To get these benefits, you must take some steps, and we cover them in this article.

Common Causes of a Workplace Injury

A workplace injury may vary, but they are often affected by the working conditions. For example, a banker is less likely to experience a broken back from carrying heavy objects than someone who works in the manufacturing industry.

So it’s not surprising that some of the most common sectors for injuries are manufacturing, agriculture, construction, forestry, education, and health services. Below are some common causes of injuries in the workplace.

Slip and Falls

Slips and falls are a common cause of accidents anywhere, and the workplace is not exempt. Slips and falls at work occur from poor lighting, wet or oily surfaces, uneven walking surfaces, cluttered workspaces, and weather hazards.

Injuries resulting from slips and falls include broken bones, neck injuries, back injuries, and bruises. Fortunately, injuries from this accident can be prevented by cleaning up spills, keeping the floors dry, and decluttering the workspace.

Electrocution

When workers are exposed to electrical appliances, they risk getting electrocuted. The extent of such injuries is usually challenging to determine and could include cardiac arrest, burns, and nerve damage.

Violent Altercations

Violent altercations between employees frequently cause workplace injuries. Employees, especially those who deal directly with customers or vendors, may also fight with them or get attacked.

Falling From Heights

Construction workers are the most common victims of such injuries, with 42% of construction worker deaths caused by falls. Falling from a height could be caused by poorly built structures or the failure of a worker to observe safety practices. Apart from death, falling from heights could lead to brain injuries or other severe injuries. Therefore, care should be taken to protect employees from falls.

Overexertion

The nature of work in some industries means that employees are likely to carry heavy objects. Such tasks could result in injuries such as torn muscles or sore tendons. Employees must know the best way to lift things without harming themselves, although some injuries result from accumulated exertion.

A Columbus Workers’ Compensation Lawyer Discusses the Steps to Take After a Workplace Injury

As we stated earlier, you may be entitled to workers’ compensation benefits if you get injured at work. Unfortunately, it is not always automatic. Therefore, you must know the steps to take after a workplace injury. Failure to do the right thing could affect your workers’ compensation benefits.

• Get Help

Like any other injury, your priority after a workplace accident wound should be to get help. This could be calling emergency services or seeing a doctor. See to it that you do this as soon as possible. You may be tempted to skip this step if the injury seems minor, but you never know when a minor wound may lead to severe complications.

• Report the Injury to Your Employer

Report the workplace injury to your employer as soon as you can. This is regardless of how minor you think it is. You must do this within 72 hours of the injury, or you may have a massive battle on your hands trying to file a workers’ compensation claim.

When making the report, get a written record as proof. Most employers will require you to fill out a form, but if they don’t, you should insist on doing so. In addition to providing proof that you filed a claim, reporting a workplace injury to your employer allows them to prevent future occurrences.

• Document Your Injury

While not all employers will do this, be prepared to have your employer try to get out of paying your benefits. Even when they do not do this, their insurance company could attempt to discredit or devalue your claims. When this happens, your best rebuttal is to present evidence that your accident account is accurate.

Most of the early documentation will be done by you, so take as many pictures and videos of your injury as possible. This is also why you should visit a doctor after your injury. Share as many details about your injury with the doctor. This would help them document properly and provide more proof when filing a claim.

• Hire a Lawyer

Hiring a lawyer should not be something you do as a last resort. Having a lawyer with you from the start will significantly boost your chances of getting a settlement. Ensure you pick a lawyer with lots of experience. They will be able to draw on this experience when working on your case.

Is There a Statute of Limitations for Workers’ Compensation in Ohio?

Some people spend a lot of time considering whether they should file a workers’ compensation claim. But, unfortunately, by the time they get around to it, it might be too late. Like with other cases, there’s a time limit for filing a workers’ compensation claim.

This is called the Statute of Limitations. In Ohio, the Statute of Limitations for workers’ compensation is one year. Such a short time makes it vital that you file your claim early, or you may not get the benefits you deserve.

An Experienced Columbus Workers’ Compensation Lawyer Can Help You

An injury at work can be devastating. In addition to the pain, you may have to take some time off work to heal. Ideally, your employer should pay your benefits as soon as you file a claim. However, that does not always happen, and you may need a workers’ compensation attorney to help you get your settlement.

Ohio Workers’ Compensation Lawyers will help you gather evidence that proves your claim and get a maximum settlement. We offer a free initial consultation for prospective clients, so contact a personal injury lawyer in Columbus to learn more about our services.

Workers’ Comp Laws in Ohio: What Are They?

If you are one of Ohio’s teeming employees, you will be exposed to many possible hazards. If you get involved in a workplace injury, understanding the key provisions of Ohio workers’ comp laws is crucial. Ohio law says that you should fill out and submit an Employee Accident Report Form.

Workplace injuries occur every day. While some jobs are less prone to workplace mishaps, preparing for the worst while hoping for the best is wise. That’s where worker’s compensation laws come in.

A workers’ compensation lawyer in Columbus can help you understand the work comp laws. But first, this article discusses the basic regulations to know and how they affect your claim.

Ohio Workers’ Comp Law

Ohio’s workers’ compensation law protects both employers and employees. However, before recent reviews, the regulation seemed to have prioritized employers. At the moment, several amendments and new provisions appear to have balanced the scale.

However, as far back as 1912, Ohio had decided to run a monopoly in a significant aspect of its workers’ comp system, which is insurance provision—producing a critical turning point in Ohio workers comp laws. Since then, the state has stuck to its guns, and the Bureau of Workers’ Compensation (BWC) seems to have come to stay.

Other vital players or entities empowered by the Ohio workers’ compensation law are the Managed Care Organizations (MCO) and the Industrial Commission of Ohio.

Ohio Bureau of Worker’s Compensation

The Bureau of Workers’ Compensation (BWC) is a significant feature of Ohio’s workers’ compensation. The BWC is the state-approved compensation insurance provider for workers in Ohio.

Ohio workers’ comp laws mandate the Bureau to act as the sole workers’ compensation coverage provider to the millions of employees in the state. Therefore, this mandate excludes private insurance providers, and if you file a workers’ compensation claim, the BWC will play a significant role in it.

Some of the primary functions of the BWC are:

• The provision of medical insurance coverage to injured Ohio workers
• Collaborate with Ohio employers to ensure the safety of workplaces across the state. The BWC’s Division of Safety and Hygiene (DSH) performs this role.
• Investigate and make decisions on the merits of workers’ compensation claims.

The BWC has its head office in Columbus and operates through ten other outlets distributed across the state.

The BWC-Employer Relationship

As an employee or prospective employee in Ohio, your private employer’s BWC relationship matters to you. First, your employer must institute and maintain a working relationship with the BWC.

Then, after signing up with the BWC, your employer should pay yearly premiums. The BWC provides several installment plans for employers to choose from.

The Claims Service Commission (CSS) is the arm of the BWC responsible for verifying the merits of your compensation claim. When the CSS reaches a decision, it relates its verdict to every party in the case, that is, you and your employer.

The Role of the Industrial Commission (IC) of Ohio

Ohio law envisages disputes between employers and injured workers over BWC verdicts. For this reason, you have a chance to appeal an unfavorable BWC decision that you disagree with. The Industrial Commission of Ohio receives such appeals and either uphold or upturn them.

The Ohio IC reviews over 130,000 cases every year. A vast majority of the IC verdicts come within sixty days after the claim. Your Columbus workers’ comp lawyer will help you file an appeal at the IC.

If you aren’t satisfied with your IC appeal decision, you can instruct your lawyer to proceed to the regular courts. Unfortunately, Ohio law only allows traditional courts to entertain workers’ comp cases after it has gone through the IC process.

The Role of Medical Care Organizations (MCOs)

Every worker’s compensation claim has a medical side to it. In Ohio, the MCOs have the job of handling the medical aspects of a worker’s claim. Therefore, your employer should work with any Ohio MCOs of their choice. Their role? Ensuring that injured workers receive the best medical attention and care is satisfactory.

The MCOs receive part of your employer’s BWC premiums. The MCO will pay your health care provider to foot your medical bills from this portion of your premium. Ohio law specifies that these reports are made within twenty-four hours.

Critical Points in Ohio Workers’ Comp Laws

Ohio’s workers’ compensation laws are hydra-headed and could be quite a handful. You may need a Columbus workers’ comp attorney to explain the portions that apply to your case. However, some aspects of the law are fundamental to every compensation-seeking worker.

• The No-Fault System

Ohio law empowers the state to run a no-fault workers’ compensation system. This provision of the law implies that if you are injured as an Ohio worker, you should receive compensation even if your employer isn’t at fault for your accident.

• Statute of Limitations

The Statute of Limitations under Ohio law is one year for workers’ compensation. This means that you have one year from the day of the accident to file a valid claim. In cases of occupational disease, you have two years to file a claim.

• Employer Retaliation

Ohio workers’ comp law protects you from any retaliative moves from your employer. In addition, your employer cannot relieve you of your job because you requested compensation. Your lawyer will help you enforce these rights.

• Duration of Medical Benefits

You are entitled to receive medical care and benefits until your healthcare provider can confirm full recovery.

• Points of Contention

To merit compensation under Ohio law, there are three significant hurdles you need to cross. Firstly, you must have a direct relationship with your employer. There have been cases where the BWC or court have struck out requests for compensation after an employer argues that an employee is a contract staff.

Secondly, your lawyer may have to convince the BWC or the courts that the accident in question happened in the course of duty. Only accidents that occur at your workplace or during official assignments can count in this case. For example, you can qualify for compensation if you get injured during an official task in another state.

Thirdly, your lawyer should prove that a workplace accident was the causative factor even when an accident occurs on duty. Finally, your employer will not be responsible for accidents resulting from any medical condition you may have.

Hire Ohio Workers’ Comp Lawyers

Call us at Ohio Workers ‘ Compensation if you need an attorney. Our team of workers’ compensation lawyers will listen closely to your case. In addition, we will provide you with a breakdown of every Ohio workers’ comp law that applies to you.

Finally, if you need legal experts to join you in navigating through every compensation recovery process, you should give our Columbus personal injury lawyers a call now. The first consultation is free!