Employees have the legal right to a safe workplace. When that right is violated, and an accident occurs, the injured party has the right to seek compensation through their employer’s insurance policy. A Bowling Green Workers’ Compensation Attorney from Schaffer & Associates can help if you have been harmed.
Workers’ compensation allows injured employees to seek compensation for their work-related injuries without having to file a lawsuit against their employer. Per Ohio’s no-fault system, even an employee who is partially at fault for their accident still has the right to pursue benefits.
While you can choose to pursue a workers’ compensation claim on your own, it is recommended you consider working with a well-versed legal team. Workers’ comp laws can be complex, and there is a chance you could say something that could jeopardize your claim and right to benefits.
Workers’ Compensation Services We Offer
If you have been injured at work and are looking to determine if you have a valid workers’ compensation claim, we are here to help. Per Ohio state law, a workers’ compensation claim is allowed if “a physical injury or disease, whether caused by external accidental means or accidental in character, [was] be sustained in the course of and arising out of employment.”
Ill, injured, or deceased employees in Ohio may be eligible for benefits if their condition is directly related to their work. The Ohio Bureau of Workers’ Compensation approves or denies claims and handles compensation disbursement.
Ohio Claims Process
Filing a workers’ compensation claim can be a complex process. If you are struggling with the steps, you will benefit from considering seeking guidance from an attorney.
Workers’ Compensation Settlements
While every workers’ compensation claim is different, eligible workers can seek compensation for lost wages and medical expenses related to their on-the-job accidents.
Negligent Third-Party Workers’ Comp Claims
If an employee is injured at work as a result of another party’s negligence actions, they may have the option to pursue a third-party claim. The most common examples include car accidents and defective products.
Work-Related Car Accidents
Some car accident circumstances warrant a workers’ compensation claim. While commuting is not typically considered work-related, making a work-related delivery or traveling at the direction of your employer and getting into an accident could result in workers’ comp benefits.
Even if you are uncertain as to whether you have a workers’ compensation claim, a Bowling Green workers’ compensation attorney from our firm can evaluate your situation and help you determine how best to proceed.
What are Examples of On-the-Job Accidents and Injuries?
While every job comes with risks, certain industries and professionals are inherently more dangerous than others. According to the Occupational Safety and Health Administration (OSHA), the most hazardous jobs, meaning those that have the potential to be fatal, are a part of the following industries:
- Agriculture, Forestry, Fishing, and Hunting
- Transportation and Warehousing
- Wholesale Trade
In terms of injury rates, health care workers, retail workers, and leisure and hospitality workers are most at risk. Common injuries include soft tissue damage, burns, head trauma, broken bones, and respiratory disorders.
In addition to accidental injuries, there is also the risk of employees developing occupational illnesses. Diseases like cancer, musculoskeletal disorders, skin disease, and diseases from biological agents are a severe concern when employees are regularly exposed to dangerous conditions.
What Type of Payout Can You Expect From Workers’ Compensation?
In most cases, the state of Ohio will pay different rates of workers’ compensation benefits at two separate stages of a victim’s temporary total disability.
- The first 12 weeks of a worker’s compensation temporary total disability claim will be equal to 72% of a worker’s pre-injury wages, paid in weekly installments. This amount will be limited to a maximum of the statewide average weekly wage or of a victim’s take-home pay before the injury (whichever amount is less).
- The next 12 weeks of a workers’ compensation temporary total disability claim will be equal to two-thirds of a victim’s pre-injury wages, up to a maximum of the statewide average weekly wage.
There are other important factors that may impact the amount of compensation that a victim of a work-related injury may receive. It is important to consider consulting with an experienced workers’ compensation attorney to learn all of your legal rights as it pertains to your specific case.
No matter the injuries or illnesses you have sustained from your job, a Bowling Green workers’ compensation attorney can explain your legal options and help you move forward with a claim. We understand how challenging recovering from injuries can be–especially when you do not have financial stability. We will work with you to build a claim on your behalf that proves you are owed workers’ compensation benefits.
Filing a Claim With a Bowling Green Workers’ Compensation Attorney
While every workers’ compensation claim is unique, there is a typical process one can expect. Before you do anything else, it is essential to seek medical attention and report your injuries or illness to your employer. After you have received initial treatment or a diagnosis, consider reaching out to an attorney to receive professional help with filing your claim. Know that you will need to seek ongoing care from a certified medical provider chosen by the Bureau of Workers’ Compensation. If you fail to follow their instructions or show up for appointments, you may be found ineligible for benefits.
Once you have sought medical treatment and your employer is aware of the incident, you will complete the First Report of Injury, Occupational Disease or Death (FROI). Filing out the form requires details of your accident and the resulting injuries. You will also need to include your medical diagnosis and the associated International Classification of Diseases code.
After submitting the FROI, you will need to sign a form that authorizes the release of your medical records for the Bureau of Workers’ Compensation to review. You will also sign and submit an authorization that allows a state claims service specialist to view wage statements to determine what your employer has paid you over the year.
Decisions are made within 28 days of submitting your FROI. In the event your claim is denied, you will have the opportunity to appeal the decision and attend a hearing before the Industrial Commission of Ohio.
Contact Schaffer & Associates
Our attorneys have extensive experience representing workers’ compensation victims throughout the state of Ohio. We understand the challenges of pursuing a claim against an employer or their insurance company. We are here to guide you through the process so you have the best chance of recovery.
If you have been injured at work and are not sure where to turn, Schaffer & Associates can help. We represent clients across the state from our Toledo, Ohio office headquarters. The sooner you get in touch with us after an accident, the more time we will have to help you build a claim that proves you are owed benefits. To get started, schedule a consultation with a Bowling Green workers’ compensation attorney today.