Workers’ compensation cases in Ohio can be complex, requiring a deep understanding of both the legal and medical aspects of a case. If you’re considering filing a claim, it’s crucial to choose the right workers comp lawyer. Here are some important questions to ask a potential lawyer, along with insights into the workers’ compensation process in Ohio.
1. What Is Your Experience With Ohio Workers’ Compensation Cases?
Experience matters. Ask the lawyer about the number of workers’ compensation cases they have handled and the outcomes of those cases. A lawyer with a track record of successful outcomes in workers’ compensation cases can provide valuable insights and guidance.
2. Who Will Be Handling My Case?
Some law firms may delegate tasks to paralegals or junior attorneys. It’s important to know who will be managing your case and making the key decisions.
3. Can You Assess the Strengths and Weaknesses of My Case?
A good lawyer should be able to evaluate your case and give you an honest assessment of its strengths and weaknesses. This can help you understand the potential challenges and opportunities in your case.
4. How Will You Communicate With Me?
Communication is key in any legal case. Ask the lawyer about their communication style and frequency. Will they update you regularly on your case, or will you need to reach out to them for updates?
5. What Are Your Fees and How Are They Structured?
Most workers’ compensation lawyers work on a contingency fee basis, meaning they only get paid if you win your case. However, it’s still important to understand how their fees are structured and what costs might be associated with your case.
6. Do You Have Experience With My Specific Type Of Injury?
Every injury is unique, and the type of injury can significantly impact a workers’ compensation case. Ask the lawyer if they have experience handling cases involving your specific type of injury.
7. What Benefits Should I Expect?
The type and amount of benefits you can expect to receive depend on several factors, including the nature and severity of your injury, your average weekly wage, and your ability to return to work. Your lawyer should be able to provide an estimate based on your specific circumstances.
8. Does Fault Play a Role in My Workers’ Compensation Claim?
In Ohio, the workers’ compensation system is typically no-fault, which means you can claim benefits irrespective of who is responsible for the workplace accident. However, there are certain exceptions to this rule. For instance, if the injury was self-inflicted or occurred as a result of a breach of company policy, this rule may not apply.
What If My Workers’ Compensation Claim Is Denied?
Only after a workers’ compensation dispute has been fully processed through the administrative system of the BWC and the Industrial Commission of Ohio (IC), can a party appeal a contested legal matter to Ohio’s court system.
If a claim decision is not in favor of either an employer or an employee, an appeal can be lodged by you or your employee within 14 days from the date of the order. All appeals must be submitted in writing. If the appeal is sent via regular mail, the BWC will add an additional four days to the due date, extending it to 18 days from the receipt of the order.
Upon acceptance of an appeal, it will pass through three stages of Industrial Commission appeals before the case can be taken to the court of common pleas. After the decision for your final appeal with the IC is received, you have the option to escalate the case to the court of common pleas within 60 days of receiving the final order.
An experienced lawyer can help you navigate the complicated process if your claim is initially denied.
Call Our Ohio Workers Comp Lawyers for a Free Consultation
Remember, the goal is to find a lawyer who is experienced, communicative, and dedicated to your case. Don’t hesitate to ask these questions during your initial consultation. To ensure you’re making the best choice for your workers’ compensation claim, contact the Ohio Workers Compensation Lawyers at 833-406-0060 today.