Several odd jobs in the state of Ohio can cause breathing issues, impaired lungs, torn skin, and even cancer for workers. This is because of the extremely poor working conditions provided to these employees. In order to avoid claims for workers’ compensation in Ohio, employers should provide a friendly environment to their workers at all times so that they are able to fully function and are not exposed to severe health risks. This act will also increase their productivity and make them less prone to errors.
As per the data collated by Policy Matters Ohio, with 3,227 cases of COVID-19 on August 16, more than one in every 10 individuals has contracted the virus in Ohio.
When a worker has been a victim of such inhumanity, they may face a lot of difficulty in successfully establishing a connection between their injuries and the working conditions they have been constantly been exposed to. Generally, a worker may not be fully aware of the procedures involved in fighting such cases in court, therefore, it is required to consult a professional lawyer to oversee your case of workers’ compensation in Ohio. Fully comprehending the smallest details of the case will help your chances for a better win.
What Is an Occupational Disease?
Any illness or disease caused while executing employment duties is termed an occupational disease. Depending upon the nature of the job, some industrial processes might involve poisoning from toxic materials such as lead, mercury, asbestos, etc. Non-scheduled diseases may also entitle you to claim financial compensation in the event of an injury or syndrome. Following are the elements that may cause an occupational disease according to The Ohio Bureau of Workers’ Compensation (BWC):
- Toxic gases, fumes, or dust
- Harmful substances and toxic chemicals
- Chemical radiation, industrial procedures involving constant physical pressure, and stringent movements
- Severe pressures, high pitched noises, and constant temperature changes
- Emission of radioactive rays
A Link Must Be Established:
When filing a suit against the employer for workers’ comp in Ohio, you are liable to prove that exposure to a toxic material had an adverse impact on your health, making you eligible for benefits. You have to provide adequate medical documentation in court to validate your claim. You should also be able to prove that such adverse environmental circumstances were much more severe than what the general public is normally exposed to. To prove your case in court, the following are the things that should be made clear:
- Your injury or disease is diagnosed by a health professional certified by a reputable institution
- Your workplace primarily caused you to be exposed to such risks
- You must be able to prove your disability to work along with any lost earnings
Only after a court has granted you a financial award by your employer, you will be reimbursed for any of the costs you incurred for any medical examination or diagnosis in order to be treated for your disease.
Timeframe for Compensation Related to Work-Related Disease:
In most cases, even the slightest symptoms triggered by such occupational diseases may take several years to evolve. Due to this fact, the BWC has set out a time frame of two years for a victim to file a lawsuit. Because of the concept of a statute of limitations, any complaint filed after the lapse of two years will be invalid. However, to give additional relief to the tax-paying citizens, the BWC permits an individual to file a suit up to six months after diagnosing the disease, in the case where such diagnosis is performed by a licensed physician. Another mandatory condition to this exception is that this six-month period should not reduce the standard two-year period.
In order to receive compensation, the following are the three dates prescribed by BWC as the date of disability, whichever is earlier;
- The date on which the injured worker received medical treatment for the disease for the first time
- The date on which the disease was identified as an occupational disease
- The date on which such a medical condition causes an employee to take a break from work
In certain cases, where you are recovering from a severe disease, the procedures for submitting a complaint in Ohio can be very crucial and complex. To better understand the legal framework of such critical cases, you are advised to retain a qualified Ohio lawyer on your payroll.
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