It only takes a second for an accident to happen when you are at work. Ineffective safety policies, inadequate protection equipment, and other factors can bring serious harm to employees. If you have been injured on the job, a Maumee workers’ compensation attorney can help.
At Schaffer & Associates, our attorneys are knowledgeable in the area of Ohio workers’ compensation law. No matter the seriousness of your injuries or what you are looking at in terms of recovering, we can evaluate your situation and help you file a claim with the state to collect benefits.
Why Hire a Maumee Workers’ Compensation Attorney?
When you work with a workers’ compensation attorney from Schaffer & Associates, you can rest assured that your claim will be handled appropriately so that you have the best chance of obtaining the benefits you need to recover as quickly as possible.
Our attorneys are well-versed in all areas of Ohio workers’ compensation law. When you seek guidance or representation from us, we can explain your benefits eligibility, help you file your claim, and help you navigate the settlement process. In unique workers’ comp situations, we can help you file a third-party negligence claim or explain your rights if you have been in a work-related car accident.
The sooner you get in touch with our law firm after your workplace accident, the more time we will have to gather the evidence needed to prove you are owed benefits. Schedule a free case evaluation to learn more.
Workers’ Compensation in Ohio: Frequently Asked Questions
Injured workers who reach out to us often have many of the same questions when they start looking into their legal rights regarding workers’ compensation. When you meet with us for your consultation, we will thoroughly explain your options and help you take the steps needed to pursue benefits. The following are some of those frequently asked questions.
What Basic Rights Do Injured Workers Have in Ohio?
The Ohio Bureau of Workers’ Compensation (BWC) is the regulatory agency that enforces workers’ comp laws throughout the state. As an injured employee in Ohio, you have the right to the following:
- Monetary benefits if you sustained a work-related injury or occupational disease
- Quick access to medical care from a BWC-certified physician
- Have your medical bills paid by your employer’s insurance company
- Access your records at any time, in person or online
- Receive timely benefits payments
- Receive an independent medical examination when required
- Appeal the decision if your claim is denied
Why Is It Important to Seek Medical Care After an Accident at Work?
No matter the severity of your injuries after a workplace accident, it is crucial to seek medical attention promptly. State law allows employees to see any doctor for their initial visit. However, the subsequent visits must be completed with a BWC-certified provider. If you do not seek medical attention, there will be no record of your injury, and you will be ineligible for benefits.
How Do Injured Employees File a Claim?
Injured employees can file a workers’ compensation claim in Ohio anytime they have been injured at work and within the scope of their employment. It is very important to note that claims must be filed within one year of the date of injury. The state separates claims into two categories: medical-only and lost-time. Medical-only claims apply to individuals who missed seven or fewer work days because of their accident and related injuries. Lost-time claims apply to those who miss more than eight days of work. Your attorney will walk you through the claims process and ensure that all documentation is filed accurately and on time.
What Types of Benefits Are Available for Injured Workers?
The type of benefits you are eligible for is based on your injuries and their severity. The BWC provides the following types of compensation, where applicable:
- Temporary total (TT) compensation
- Permanent partial (PP) – schedule loss
- Percent of permanent partial (%PP)
- Permanent total disability (PTD)
- Wage loss (WL)
- Living maintenance (LM)
- Lump-sum advancement (LSA)
- Change of occupation (COA)
- Facial disfigurement (FD)
- Accrued compensation
- Travel reimbursement
- Death claim (survivor benefit)
- Violation of specific safety requirement (VSSR)
- Wages in lieu of temporary total compensation (salary continuation)
When you work with an attorney, they will determine which benefits you are potentially eligible for and help you take the necessary steps to work through the claims process.
How Are Workers’ Compensation Benefits Dispersed?
The start date for workers’ compensation benefits depends on when you file and how many days you miss work. If you are eligible for TT benefits, BWC pays on day eight, so long as the worker can return within 14 days of injury. The first seven days are compensable if you are out of work for more than 14 days. All payments are electronically deposited.
Why Are Claims Denied?
Even if you have a strong case for workers’ compensation benefits, there is a chance your claim could be denied. Some of the most common reasons claims are denied in Ohio include the following:
- You are an independent contractor.
- You did not seek medical treatment or waited too long after the accident.
- You were not technically at work at the time of the accident (i.e., commuting is not considered within the scope of employment).
- Your claim involves a pre-existing condition.
Fortunately, injured workers have options when the BWC denies their initial claim.
How Do Injured Workers File an Appeal?
If your claim is denied and you disagree with the decision, you must file an appeal with the Industrial Commission of Ohio (IC). It is important to note that the request must be filed within 14 days of receiving the denial. Once you file your appeal, the IC will notify you of a date, time, and place for your hearing. Your attorney can guide you through this process to give you the best chance of collecting benefits.
Schedule a Consultation With Schaffer & Associates
If you or someone you love was injured at work and is now suffering from injuries and related financial losses, a Maumee workers’ compensation attorney from Schaffer & Associates is ready to help. We represent clients in and out of Maumee from our Toledo office. Take control of your future and contact us today to learn about your workers’ compensation eligibility.