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columbus workers comp

Columbus Workers Comp Lawyer: Car Accident Coverage

It’s not all that unusual that our Columbus workers comp lawyer would meet with someone involved in a car accident. Not only do a lot of people drive for a living, but one of the leading causes of workplace injuries are motor vehicle accidents. The problem we have with these cases is that our clients’ employers often claim that our client didn’t have permission to use their car for personal reasons. This means that our workers comp lawyers in Columbus have to prove that you were acting within the scope of your employment at the time of your crash. It takes time for our associates to put together the evidence necessary to do that. This is why we recommend that you meet with one of our workers comp lawyers in Columbus sooner rather than later.

When we first meet, we’ll have to review your claim. You need to bring whatever correspondence and other documentation you have related to your workers’ comp claim with you for your free, initial consultation. This gives our Columbus workers compensation attorneys enough information for them to make a decision on your case. If they feel your claim has merit, they will likely be willing to represent you. If, however, they don’t believe your claim will be approved, they may decline to handle your case. It all depends on the strength of the evidence you have to prove your case. It also depends on the seriousness of your injuries. What we won’t do is tell a client they’ll recover benefits if we don’t believe that is true. It isn’t fair to get anybody’s hopes up unfairly.

It Depends on What You Do for a Living

If you drive a car or truck for a living, there shouldn’t be an issue with your workers’ comp claim. Your employer has to understand that you’re at risk of getting into a motor vehicle accident on a daily basis. People who commute to work and back home can end up getting into a crash on any given day. Imagine how much higher your chances are if you drive 8 hours a day.

If driving a vehicle is only a small part of your job, then there’s a chance your employer will deny your workers compensation claim. They may argue that you weren’t supposed to be out in the vehicle at the time of day your accident happened. Or they may allege that you were running personal errands at the exact moment the accident took place. What your Columbus workers compensation attorney has to do is prove that this isn’t the case. We will need find a way to prove that you were, in fact, working at the time someone crashed into your vehicle.

Can Your Workers Comp Lawyer in Columbus Prove that Driving Was Part of Your Job?

There are various ways in which your workers comp lawyer Columbus can prove that you were working at the time of your accident. For example, they may have a video showing you leaving your company’s premises with a package in your hand. If you were on your way to deliver this package at the time of your accident, this will help prove your claim. We can also rely on any dashcam or other video you have onboard, showing your various destinations. Your Columbus workers comp lawyer can also submit a copy of your job description that specifically states that you may need to drive as part of your job. If it does not limit this duty to specific times, it will help prove that your injuries are work-related.

Were You in Your Personal Vehicle or a Company Car?

One factor that will make a difference in your case is whether you were in your own vehicle at the time of your accident. It is much more likely that you were driving as part of your job if you’re in your company vehicle at the time. If you were in your personal vehicle, your employer will say you took this vehicle specifically because you were embarking on a personal errand.

If you can show that you often used your personal car or SUV to do job-related tasks, it can help prove your claim. Your workers compensation attorney in Columbus can also look to see what your employer’s history is with car crashes. If it looks like a lot of employees are injured while in their own vehicles, that will work to strengthen your case as well. What your attorney needs to do is submit evidence of these things to solidify your claim.

What Were You Doing At the Time of Your Crash?

Your workers’ comp lawyer in Columbus will need to know what you were doing at the time of the crash. Were you on your way to deliver a package? Were you meeting a client so they can sign paperwork for a deal you are handling for them? Or, if you drive a service vehicle, were you on your way to a homeowner’s house to install a new appliance?  You need to have answers to this question. This is what your attorney will build your case around.

Your Columbus Workers Compensation Attorney Will Fight to Get You Benefits

If you were hurt on the job, whether it was while you were driving or not, our firm can help. Our Columbus workers compensation attorneys have decades of combined experience handling claims like yours. We are familiar with the workers comp laws in Ohio. We are also familiar with how insurance companies do business. We will do whatever we can to make sure you get the workers’ compensation benefits. Now, if you were using the car for personal reasons, make sure you let your Columbus workers compensation attorney know. While they may not be able to help you get benefits, at least you won’t embarrass yourself when your employer produces evidence of this. Be upfront with your Columbus workers comp lawyer and they will be upfront and honest with you.


ohio injury lawyer

Ohio Injury Lawyer: Prescription Meds and Claim Denial

As any Ohio injury lawyer knows, every state has their own laws when it comes to workers’ compensation claims. However, the one rule that most every state shares is that you cannot be under the influence of drugs or alcohol at the time of your workplace accident. If your employer can demonstrate that you were under the influence of either drugs or alcohol, they will deny your claim. If this happens, you should call and speak with one of our Columbus workers comp lawyers right away. They will reach out to the insurance carrier and find out why your claim was denied in the first place. They will also gather the evidence they need to file an appeal on your behalf.

One of the requirements for workers comp that is more serious than others is the rule about alcohol and drugs. If your employer can prove that you were under the influence the drugs, they will automatically deny your claim. This is true even if you can show the medication you were taking was prescribed to you. Until your Ohio injury lawyer can demonstrate that the drugs were legal, and you took them the way you supposed to, you will not receive workers compensation benefits.

Ohio Law Does State That You Can’t Collect Benefits if You Are Under the Influence of Alcohol or Drugs

Ohio law lists several requirements that you must meet in order to qualify for workers compensation. These requirements are almost identical state to state. First, you Columbus workers comp lawyer must show that you were involved in a workplace accident. This means the accident took place on company time and on company property. You also must demonstrate that you submitted your claim on time and that included all the necessary information. This is one reason we suggest that you contact an Ohio injury lawyer before you file your claim. They will make sure that all documentation is included and that any backup you need to support your claim is also offered to the insurance carrier.

The best way to prove that you were using legally prescribed medications is to get a letter from your doctor. Your doctor can confirm that you were prescribed certain medication. They can also include information regarding how often you should take the medication. For example, if you take the drug called Xanax, you would not be able to work as a truck driver or common carrier. This is not because Xanax is illegal. It’s because certain medications can cause you to get drowsy or lose your coordination.

You’ll be Required to Take a Drug Test Before You Go Out for Treatment

One thing a lot of our clients tell us is that they refuse to take their company’s drug test. They tell us that they want to cite the 4th amendment’s right against improper searches and seizures. What they don’t realize is that they agreed to the policy on drug testing when you accepted the job. All employees are provided with a copy of the handbook when they are hired, and this is presumptive proof that you’re aware of the company’s policy.

Another tactic we see from some clients is they wait of certain period before they report their claim. They understand that they will be drug tested as soon as they report the injury to their employer. The longer they wait to report their claim, the longer it gives the drug time to get out of the system. While it is certainly not our jobs to monitor the company’s drug testing policy, there is a good chance that you’ll missed the filing deadline and be denied benefits.

Your Ohio Injury Lawyer Must Also Prove That You Were Taking the Medications as Prescribed

One of the toughest parts about proving this kind of case is that it’s very difficult, if not impossible, to prove that you were taking your medications as prescribed. One way you could do this is speak to your doctor and see if they’re willing to confirm that you have never had a problem taking your medications as instructed. There’s also the possibility of having special testing done to see if the doses you had taken previous to the incident at work can be measured separately.

Only certain drugs would raise suspicion. For example, if your blood pressure medication showed up, that wouldn’t hurt your claim. However, if any of the following medications or street drugs appeared in your urine, your claim will be denied:

  • Cocaine
  • Opiates (heroin, pills, fentanyl, etc.)
  • Amphetamines
  • LSD
  • Mushrooms
  • Adderall

If you know you took any of these drugs within a few days of your office, you may risk having your claim denied.

Reach Out to One of Our Ohio Injury Lawyer Today

If you were hurt at work and they have denied your claim, you should reach out to a Columbus workers comp lawyer right away. Regardless of the reason for your denial, our attorneys work hard to get you the benefits you deserve. Now, if your claim was denied because your employer claims you were under the influence of drugs, it may be difficult to overcome your denial. Your Ohio injury lawyer we’ll have to submit proof that not only was the medication you were taking prescribed to you, but that you were taking it as prescribed.

Because these decisions are made so quickly, you don’t want to wait too long before you contact one of our Columbus worker’s comp lawyers. You only have a certain amount of time to file your appeal, and your attorney will need time to repair your case. This is why we suggest that you reach out to our office within hours or days of finding out your claim was denied. In fact, ideally you would reach out to us the same day as your accident. This way, your Ohio injury lawyer will be able to help you file your initial appeal. This will ensure that it is the annual property from the start.

Since we do offer new clients a free, initial consultation, it will cost you nothing to meet with one of our seasoned attorneys.

workers comp insurance claim denial

Your Insurance Company & Workers Comp Claim Denial

When you’ve worked for a company for a long time, you expect them to take care of you if you get hurt on the job. After all, if you weren’t doing your job, you wouldn’t have gotten injured. This is why it can be so frustrating to learn that your employer has left you high and dry. You do all the things your workers compensation lawyer in Ohio told you to do and still have your claim denied. This is because there are times where it seems like your employer and their insurance company are conspired against you. You know you meet all the qualifications for workers compensation. You can’t possibly know what’s going on the minds of the insurance carrier.

Here, we’re going to discuss some of the reasons why your employer and their insurance carrier have decided to deny your claim. We will also discuss what your Columbus workers com lawyer will do to help appeal your claim. If you have a feeling that you may need to file suit, you’re not alone. Just retain the services of a workers compensation lawyer in in Ohio.

Are You Sure That You Belong to an Included Class of Workers?

As your Google searches already turned up, there are certain categories of workers who are not allowed to file for workers compensation. Even if they do apply, it’s a waste of time. This is because certain job categories are automatically denied for workers compensation benefits. The major categories of workers who are denied compensation or benefits in:

  • Agricultural workers
  • Railroad workers
  • Federal employee
  • Casual employees
  • Temporary workers
  • Seasonal employees

The point is that the law doesn’t allow for workers compensation to be extended to members of these groups. This means your Columbus workers comp lawyer will have to find another way to get you the compensation you deserve.

There are a variety of reasons why your employer or insurance carrier may deny your workers compensation claim

depending on the facts of your case, the insurance carrier may feel that they have a better chance of winning in court then they do by just paying out your claim info. An example of when this may happen is if your claim is rather large. They would much rather take their chances in court that they this kind of money up front.

Employer may also deny your claim because they don’t believe that you got hurt on the job. Many employers in Ohio have been burnt one too many times to take their employees at face value. There’s a part of them deep down that suspects that you’re trying to take advantage of them like employees have done in the past. Even if you meet the basic criteria for workers compensation, your Columbus workers comp lawyer may still have their work cut out for them. Your response will always depend on the reason for your denial. These reasons may include:

  • the insurance carrier things you got hurt outside of work and are simply trying to turn it into paid time off
  • your employer doesn’t think your injuries are legitimate
  • there were no witnesses to your accident
  • the doctor cannot attest any specific medical issues
  • you have a history of filing fraudulent workers compensation claims in the past
  • you were under the influence of drugs or alcohol at the time of your workplace accident
  • he refused to take the drug test so there’s no idea for your employer to know if you were intoxicated or not

Some employees think that because they meet these basic criteria, they are guaranteed to have their workers compensation claim approved. The truth is that your employer as well as their insurance carrier may feel that you’re not entitled to workers compensation and would rather wait for their day in court then agree to pay any workers comp benefits.

What if Your Benefits are Denied – What to Do Next?

If your employer and their insurance carrier has made it abundantly clear that they have zero intention of paying your claim, then your workers compensation lawyer in Ohio will have no choice but to file a lawsuit. This lawsuit will be a little different than a personal injury lawsuit because you’re only demanding the benefits that you’re entitled to under workers comp. It’s tempting as it may be to stand your ground, sometimes you are willing to put up the fight necessary to give these benefits approved. Other times, you simply want enough money to walk away and find a new job.

It’s in Your Best Interest to Hire an Experienced Workers Compensation Lawyer in Ohio

If you’ve been injured on the job and are surprised that you are workers compensation claims been denied, you’re not alone. We meet with new clients every week who are in the same position as you. The first thing we have to do is ask the team whether your job falls into one of the categories of workers who were not entitled to workers compensation. If that is the case, then we need to look further to find out why your clean was denied. Typically, you’ll get a letter from your employer stating why your workers comp claim was denied. As discussed above, there are a variety of reasons why this may have happened. Regardless of the reason, your workers compensation lawyer in Ohio will do their best to fly on appeal on your behalf. If, for some reason, the appeal is not successful, we will have no problem filing suit.

We recommend that anyone whose claim has been denied contact our office as soon as possible. The sooner you get one of our Columbus workers comp lawyers involved, the sooner we can try and get your claim resolved. The longer you wait, the easier you make it for your employer to argue that you weren’t really hard to begin with. You also don’t give the insurance company or your employer the opportunity to take advantage of you. If they don’t think you’re represented by an attorney, they will put your case on the back burner and not pay you another bit of attention.

Since we offer all new clients a free, initial consultation, it would be who’ve you take advantage of it. Not only is your consultation frame but you also don’t pay our firm and I’m until we settle your case.

workers compensation benefits

Workers Compensation Benefits- How are Wages Calculated?

If you get hurt on the job, you should be able to receive workers compensation benefits. As long as you meet the basic criteria, there’s no reason why your claim would be denied. However, you may have questions about the benefits you’ll receive. Most people understand that their medical care will be covered. What they aren’t so sure about are the weekly benefit they’ll receive. When our Columbus workers comp lawyers first meet with a new client, this is what they want to know about.

Without knowing your work history, there’s only so much we can tell you. This is why it’s always a good idea to meet with an experienced workers compensation lawyer in Ohio before you file your claim. While you need to report your workplace accident immediately, you have some time to file your workers compensation claim. If you have an attorney on hand when you do this, there’s a better chance that it will be handled properly. This means you’ll have a better shot at receiving the benefits you deserve.

Here, we’ll discuss how you qualify for workers compensation in Ohio. We’ll also describe the benefits you’ll receive while out on workers comp. Our Columbus workers comp lawyers will review your payroll records and determine what your average weekly wages are. We’ll also review your medical records to determine how long you may be out of work.

If you have questions about your own workers compensation case, give us a call. We can always schedule your free, initial consultation over the phone. Or, if you prefer, you can do so through our firm’s website.

Your Columbus Workers Comp Lawyer Knows How to Qualify for Benefits

To qualify for workers compensation benefits, you must meet certain criteria. The goal is to make sure the people who receive workers compensation benefits deserve them. For example, if your injuries actually occurred outside of work, then your employer shouldn’t be responsible for your care. The same is true if you were under the influence of drugs or alcohol at the time of the accident.

The basic requirements for workers compensation in Ohio include the following:

  • Your injuries must take place at work or during the normal scope of your employment
  • Whatever injuries you suffer must prevent you from doing your normal job
  • You cannot be under the influence of drugs or alcohol at the time of your injury
  • You must agree to take a drug test prior to treatment
  • You can only be seen by a state-approved workers compensation doctor
  • You must report your accident to your employer within a reasonable timeframe
  • You must file your workers compensation claim within 1 year of your accident

As long as you meet these basic criteria, your workers compensation attorney in Ohio should be able to get your claim approved.

There Are 2 Major Types of Workers Compensation Benefits in Ohio

If your workers compensation claim is approved, you’ll receive two main types of benefits. The first benefit is coverage for your medical care. Any treatment you need that is related to your workplace accident will be covered by your employer’s insurance company. This includes both the immediate treatment at the emergency room as well as ongoing care. For example, if you need surgery after your workplace accident, it will be covered by insurance. This includes your hospital stay, surgery, and aftercare.

The second main type of benefit you’ll receive are weekly replacement wages. The way it works in Ohio is a little different than most other states. For the first 12 weeks of workers comp, you’ll receive 72% of your average weekly wages. However, after the first 12 weeks have gone by, your weekly benefits will decrease to just 66% of your average weekly wages.

This sounds great so far, right? The question is, how does the State calculate your average weekly wages?

How Are Your Average Weekly Wages Calculated for Purposes of Workers Compensation?

For most employees, it’s rather simple to figure out what their average weekly wages are. We would just take the last 52 weeks of employment, add up your total wages, and divide by 52. For example, imagine that you made $60,000 last year. This comes out to be $5,000 per months (or, approximately, $1,250 per week.) To be more precise, however, we can take $60,000 and just divide it by 52 (the number of weeks in one year). When we do this, it comes out to be $1,153.

Once we have your average weekly wage, of $1,153, we can then do the calculations to see how much you’ll receive every week. For the first 12 weeks, you’ll get 72% of your average weekly wages. If we take 72% of $1,153, it comes out to be $830 per week. After those first 12 weeks are up, you’ll start to receive just 66% of your average weekly wages. This comes out to be $768 per week.

Now that you can see the numbers in black and white, you realize how little your weekly benefits are. You should also know that there are limits to how much you can receive per week.

Your Workers Compensation Attorney in Ohio Knows the Limits on Benefits

Every state has its own rules when it comes to workers compensation benefits. In Ohio, the most you can receive in any given week is $1,085. In the above example, this would be fine since your weekly benefits wouldn’t be anywhere near the cap of $1,085. However, if you made closer to $80,000 per year, then you would be entitled to more than this weekly maximum.

Therefore, once you reach the point at which your weekly workers compensation benefits exceed the limit of $1,085, you benefits will cap out. Furthermore, no matter how much you’re receiving per week in benefits, you can only collect them for a period of 200 weeks. This comes out to be just shy of 4 years. If, for some reason, you’re still out of work at that point, your benefits would expire.

Reach Out to an Experienced Columbus Workers Comp Lawyer

If you were hurt at work, you deserve to be fairly compensated. The way the laws work in Ohio, you can collect as much as 72% of your average weekly wages. Of course, the insurance company will have to perform the necessary calculations to determine your weekly benefit amount. If you feel that you’ve been slighted somehow, call one of our Columbus workers comp lawyers. We offer our clients a free, initial consultation so you don’t have to pay a dime to have a seasoned professional review your claim.

workers compensation benefits

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

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 comp

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

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.

Ohio workers' compensation

Workers’ Compensation Benefits: Things to Be Aware Of

Getting workers’ compensation insurance is one important way employers ensure they have the resources to pay benefits to injured workers. Our Columbus workers’ compensation attorney can help you get all benefits available under workers’ comp if you suffer a workplace injury.

Before discussing the benefits available under workers’ compensation, we will give a concise but engaging explanation of what it means, its status in Columbus, Ohio, the different types there are, and finally, how you can benefit from hiring a workers’ compensation attorney.

Workers’ Compensation is a form of insurance that provides wage replacement and medical benefits for employees that get injured in the line of duty. In simple terms, you are assured to enjoy insurance benefits under the workers’ comp system without having to sue your employer for negligence.

Understanding How Workers’ Compensation Works in Columbus, Ohio

In Ohio, the Bureau of Workers’ Compensation (BWC) is responsible for providing medical and wage benefits in cases of work-related injuries, diseases, or death. Since Ohio uses the BWC, it is categorized among the states that use a monopolistic state insurance fund. The monopolistic state fund restricts the choice of an insurer to the government.

The three other states that use this workers’ compensation include Wyoming, Washington, and North Dakota. In these states and Ohio, companies have no option of buying workers’ compensation from private insurers.

Now, why should companies buy workers’ comp insurance?

As mentioned earlier, companies use work comp to pay benefits to workers who sustain an injury or contract an illness while on the job. Admittedly, some occupations like construction have more risk than others, but all Ohio employers with one or more employees must buy workers’ comp insurance.

Ohio’s workers’ compensation laws ensure that employees do not get fired for claiming benefits. Also, unlike motor vehicle accidents, the work comp system is not fault-based. Therefore, an employee does not need to prove negligence to be entitled to compensation.

As a result, you do not have to worry about whether the injury was your fault. However, note that if you intentionally caused the accident that injured you, you will not be entitled to work comp benefits. For example, suppose you work as a company driver and get behind the wheel while intoxicated.

In that case, your employer will not pay you compensation because drinking and driving is a willful negligence action, not a mistake. Similarly, if your employer intentionally causes an accident or event that harms you, you can file a lawsuit against them. A Columbus workers’ compensation attorney will provide more information on this.

Will Workers’ Compensation Cover All My Work Injuries?

Generally, workers’ compensation covers all workplace injuries, but there are some injuries it does not cover. This includes self-inflicted wounds, as discussed above. It does not also cover injuries that occur while employees play during working hours.

Therefore the injury must have happened during work hours or while performing a job-related function. So, suppose you were on your way to work, and your boss asked you to meet with a client before office hours began. If while at the meeting you suffer an accident, you can get workers comp.

Note that Ohio’s workers’ compensation laws can get complicated quickly without the help of a good Columbus workers’ compensation attorney assisting. Therefore, hire one.

Ohio workers' comp form and injured hand

What Benefits Can I Get Under Workers’ Compensation?

Several benefits are available to an injured worker under the Ohio work comp system. In broad terms, they can be categorized into:

  • Medical benefits
  • Disability benefits
  • Death benefits

Medical Benefits

Under workers’ compensation, you are entitled to 100 percent of the medical costs for your injuries. Also, cash payments are made for the lost work time after a three- to seven-day wait period.

While medical-only cases (injuries that require treatment but do not keep you from working) are prevalent in workers’ compensation cases, they represent only a tiny fraction of the total payments.

Disability Benefits

The çash benefits available under workers’ compensation vary by the severity and the duration of the worker’s disability. When a work-related injury prevents you from returning to the pre-injury job for some time, you will receive temporary total disability (TTD) benefits.

When a worker recovers and returns to work, the TTD benefits end. However, many injured workers return to work before full recovery and are faced with differential treatment or lower pay.

Therefore, we recommend waiting until you attain maximum medical improvement before resuming work. Also, returning earlier than your doctor recommends may cause your employer to conclude your injuries were not as severe as you claimed, affecting your benefits.

If the injury allows you to return to work but can not perform your regular job, you get temporary partial disability benefits (TPD). The wages you receive here would be less than what you get paid before the wound.

However, if you have attained maximum medical improvement but have a disability that completely keeps you from working, you are qualified to receive permanent disability (PTD) benefits. But if you can get another job in another industry despite the injury, you will receive permanent partial disability (PPD) benefits.

Death Benefits

When a work-related injury results in death, there are benefits available under workers’ compensation. Typically, it involves the provision of an amount for the funeral and burial expenses of the affected worker.

Other available benefits for Ohio injured workers are:

  • Mileage Reimbursement: Work comp pays for your travel expenses as long as it was for authorized medical treatment or tests not performed in your community. The mileage covers roundtrips of not more than 45 miles. Reimbursement also covers meals and accommodation in some cases.
  • Vocational Rehabilitation: Ohio law also covers rehabilitation benefits to help you stay on your old job or get a new one. This compensation includes workplace accommodations and physical therapy.
  • Living Maintenance: You might receive living maintenance benefits while undergoing vocational rehabilitation. The payment lasts for six months but can be longer if the Bureau of Workers’ Compensation has extended reasons.

A Columbus Workers’ Compensation Attorney Will Help You Get Your Benefits

Suffering a workplace injury means you might be without employment for a while. As a result, you lose your salary and have medical bills to pay. This is why you should apply for workers’ compensation immediately.

While your employer should commence the payment process without hesitation, they sometimes delay or fail to. In such an instance, you need the help of a personal injury lawyer in Columbus, Ohio. Our lawyers have spent years representing injured Ohio workers and protecting their rights. We will do the same for you, so contact us today for a free case review.

workers' compensation

Workers’ Comp Insurance: Does Your Employer Provide It?

The workplace is not usually associated with injuries or even death. However, workers’ compensation attorneys in Columbus will tell you Americans get injured or even die while at work. The government also recognizes this and requires that employers with at least one employee have an insurance policy for their workers.

This insurance category is called workers’ compensation. It ensures employers provide fair compensation for employees who get injured at work or while performing an official task. Unlike other forms of insurance, employees do not have to prove negligence on the employer’s part.

Instead, they only have to prove that they sustained the injury while at work. In return, the employee gives up the right to sue their employer for damages. Therefore, employers avoid potential lawsuits while the employee is assured of compensation whenever they get injured.

Read on to learn how workers’ compensation works in Ohio, how to discover your employer’s status, and what you can do if they do not have workers’ compensation coverage.

Workers’ Compensation in Ohio

Workers’ compensation in Ohio works differently from most states in the country. This is because Ohio is one of four American states that use a monopolistic state insurance fund. Also called a monopolistic state fund, this insurance option restricts the choice of an insurer to the government.

Effectively, there is no option to buy workers’ compensation from private insurers. Washington, Wyoming, and North Dakota also use this policy.

Although the government is the only workers’ compensation provider in Ohio, some employers may opt for self-insurance. The significant benefit of a monopolistic state fund is that everyone in a state is covered.

However, when one provider serves the majority of the employers, it could be challenging to keep up the quality of service. Additionally, large employers with out-of-state employees may also have to find insurance providers for these employees. A monopoly also means that companies may not always get the best deal financially.

While self-insurance is not a popular option, employers who choose to self-insure take on the burden of paying workers’ compensation benefits if their employees get injured at work. Employers who opt for self-insurance may feel that they have a better chance of managing the claims process.

Also, they may believe that they can keep the money that would have been paid upfront as a premium and only pay when necessary. However, this presents two challenges. The first is having to pay compensation claims frequently. A company could see frequent work injury cases, and a self-insured employer may be unable to keep up.

On the other hand, a single large claim could be too high or come unexpectedly. If the business did not plan for it, the owner might struggle to pay, opening themselves to litigation.

Insurance would usually cover every injury gotten while working. However, there are some injuries that it may not cover. For example, an employee injured while drunk or under the influence of drugs may not receive workers’ compensation. Similarly, injuries caused while playing during work hours are not covered by workers’ compensation.

What Does Workers’ Compensation Cover in Ohio?

This type of coverage works like most injury insurance. Below are some of the things that Ohio workers’ compensation covers:

  • Medical Costs

Medical costs are a significant part of workers’ compensation, and you’ll often get enough to cover all your medical expenses. This includes visits to the doctor, surgery, prescriptions, and medical equipment like wheelchairs.

If you have to seek medical attention before informing your employer, ensure you keep accurate records of all your expenses, as it influences your settlement. Your workers’ compensation attorney, Columbus, will also need it.

  • Lost Wages

Coverage can cover some of an employee’s lost wages for the period they cannot work. Some injuries may also hinder employees from ever doing specific jobs in the future, and workers’ compensation considers this.

  • Ongoing Care

After your initial treatments, you may require medical care for an extended period. You may also need household help, and workers’ compensation covers this.

  • Funeral Expenses

While most work injuries may not result in death, the US Bureau of Labor Statistics reported 117 fatal work injuries in 2020. When an employee dies due to a work-related injury, the employer may have to cover the funeral expenses for such a worker. They could also provide benefits for the employee’s family or dependents.

Injury Attorneys in Columbus Explain How to Check if Your Employer Has Work Comp Coverage

Although every employer in Ohio must have workers’ compensation, there are a few companies that do not. This section explains how you can discover whether your employer has workers’ compensation coverage or not.

The easiest way to get such information is to look for a Certificate of Premium Payment. Ohio laws require employers to place this document in a visible part of the workplace.

You can check in public spaces like the changing room for any notice. Where this information is not placed in a visible location, you can ask your employer if there is an active policy.

What Can You Do if Your Employer Does Not Have Coverage?

Depending on the results of your inquiry, you may wonder what could happen if your employer does not have workers’ compensation. Fortunately, you won’t be left stranded if your employer does not have workers’ comp, as the Ohio Bureau of Workers’ Compensation has a fund dedicated to uninsured employees. Therefore, your compensation will be paid out of this fund.

The BWC will attempt to retrieve any money spent on an uninsured employee from their employer. This could be done by imposing penalties on the employer. The BWC can also place a lien on the employer’s property.

A lien is usually effective as businesses that do not pay up could lose their properties to the government. You can also sue your employer if they do not have coverage.

Workers’ Comp Attorneys in Columbus Can Help You Get Fair Compensation

Ohio’s workers’ compensation laws can quickly get complicated. As a result, injured employees may find it challenging to understand their options. However, an experienced workers’ compensation lawyer can remove the complexity and help an employee get fair compensation.

If you’ve gotten injured while at work in Ohio or know someone who did, you both may be eligible for compensation. However, because each case is unique, you may need specific information tailored to yours.

Therefore, you need a Columbus injury lawyer. At Workers’ Compensation Lawyers Ohio, we have extensive experience working on hundreds of workers’ compensation cases. We also offer a free initial consultation, so call us today and learn how we can help you.


Is Workers’ Comp Available From My Employer?

If you’ve been injured at work or experiencing an illness due to your job duties, you probably want to file a workers’ comp claim. The question becomes if there is workers’ comp available from your lawyer. While some states require that all employers offer their employees workers’ compensation, others demand it from employees with a certain number of employees.

Luckily our employment lawyers in Columbus will answer all your questions. This article explains if workers’ compensation is available for your employer and what it covers. We’ll also explain Ohio workers’ compensation law.

Who Administers Workers’ Compensation Insurance in Columbus, Ohio?

In Columbus, a vast majority of employers carry workers’ compensation insurance. The primary agency in charge of workers’ comp claims is the Ohio Bureau of Workers’ Compensation (BWC). You can find most of the governing laws in Ohio’s Workers’ Compensation Act. Administrative rules also cover workers’ compensation in Columbus.

As a city in Ohio, the state provides workers’ compensation insurance rather than through private insurance companies. To apply for insurance from the state, you must complete the online application using the workers’ compensation coverage form.

Apart from opting for state insurance, your employer could also seek self-insurance. However, this is not a good option for small businesses because they’ll have to set apart lots of money for potential claims.

Types of Businesses in Columbus That Don’t Carry Workers’ Compensation

There are different types of businesses in Columbus that don’t need to carry workers’ compensation. If your employer falls into this category, no workers’ compensation is available for you.

  • Sole proprietors with no employees
  • Partnership without employees
  • Limited liability companies acting as sole proprietors with no employees
  • Family farm corporate officers with no employees
  • Limited liability companies acting as partnerships with no employees
  • Individuals incorporated as a business without employees
  • Ordained or associate ministers of a religious organization

These businesses might decide to carry workers’ compensation if the owner falls sick or gets injured. If the religious organization has paid employees, there’s a need to carry workers’ compensation insurance.

In cases where the businesses have the insurance, they can report a work injury to the BWC. If approved by the BWC, they will cover medical bills and lost time.

Employment Lawyers in Columbus Explain the Workers’ Compensation Requirements

Although the top employment lawyers in Columbus can help you with your claims, it is crucial to know the requirements for workers’ compensation. Every Columbus employer with employees must get workers’ compensation insurance irrespective of the number of employees.

Although independent contractors can choose not to get workers’ compensation, they have to if they control the selection of materials and the quality of performance of another worker.

In such a case, the worker is considered an employee. If your employer lacks workers’ compensation insurance for employees, they could face penalties and fines.

In addition, you can sue your employer for all the damages and expenses related to the work injury or illness through a personal injury lawsuit. Also, you can file a claim with the BWC. If approved, your employer will reimburse the BWC for the expenses.

Columbus Workers’ Compensation Coverage

When your claim for workers’ comp is approved, it helps pay your medical costs and several other expenses. Our employment lawyers explain the coverage available under workers’ compensation in this section.

Medical Costs

Workers’ comp pays for the medical expenses associated with your injury or illness. For example, the cost of an ER visit, surgeries, medications, and more are some of the covered costs under workers’ comp.

An example is if you suffered an injury due to a slip and fall, some medical coverage you could enjoy in addition to ER costs and surgeries include long-term expenses like rehabilitation and physical therapy.

Lost Wages

If you’re unable to get to work due to your injuries, the workers’ compensation insurance replaces your lost income. So, if you had to take four weeks off work for recovery, the coverage would pay you the wages lost within those weeks.

Short Term and Long-Term Disability

Sometimes, an injury causes either a permanent or partial disability. That’s where workers’ compensation insurance enters the picture. Experienced employment lawyers in Columbus can assist you in getting workers’ comp that will help pay for the ongoing medical bills and lost wages due to the disability. In some cases, the employee could receive an impairment rating if they lost a part of their body due to the injury.

Funeral Expenses

Thousands of people die at work yearly. You can often find these employees in the trucking and construction business. Workers’ compensation can also help cover the cost of the funeral. In addition, it will provide death benefits to the employee’s family. The state usually determines the amount available under the workers’ comp coverage.

How the Workers’ Comp Claim System in Columbus Works

To file a workers’ compensation claim in Columbus, you must go through the Ohio Bureau of Workers’ Compensation. There are two categories of claims allowed, and they include:

  • Medical Only: This applies if you missed less than seven days of work. You can get treatment, benefit from the injury, and return to work quickly.
  • Lost Time Claims: This claim means that you missed more than eight days of work. It covers medical expenses and other benefits.

The workers’ compensation claim process usually takes 30 days. During this time, the claim will be approved or denied. After the BWC makes a decision, you or your employer can file an appeal within 14 days.

After filing an appeal, the case moves to the Industrial Commission of Ohio, which hears the dispute. Note that the state won’t pay your medical expenses till you get approval on all claims. The appeal period must also be expired before the state pays for expenses.

Contact the Best Employment Lawyers in Columbus Today!

Collecting workers’ comp benefits after a work-related injury or illness can be confusing and time-consuming. You might be wondering if your employer has workers’ comp insurance and the type of coverage available.

Note that the process is quite different if your employer chooses self-insurance. However, your lawyer can provide you with all the information you need to know. So if you’re not satisfied with your employer’s response to your work-related injury or illness, or you don’t feel like you’re being taken seriously, contact us.

When you work with our personal injury attorney in Columbus, Ohio, we’ll help you diligently protect your rights through the claim process. We’ll also ensure you receive enough compensation to cover all your expenses. Book a free consultation today to discuss your options.