On-the-job injuries can result in significant pain, expensive medical bills, and lost income. If you have been harmed at work and are worried about recovering, a Sylvania workers’ compensation attorney from Schaffer & Associates can explain your options and help you file a claim.
Workers’ compensation laws are established at the state level. In order to receive benefits for your medical expenses and lost income, you must go through the Ohio’s workers’ compensation claims process. While this may seem overwhelming, our attorneys are well-versed in the applicable laws and can guide you through the process.
No matter the severity of your injuries, you must know your eligibility for workers’ compensation benefits. The sooner you reach out to our law firm, the more time we will have to help you explore your options and prepare for the future. Schedule a free case evaluation to learn more today.
Workers’ Compensation Services From Schaffer & Associates
While the claims process is what most people think of when seeking workers’ compensation benefits, that is often not where the process begins or ends. Our law firm provides comprehensive services, including the following:
Explaining Benefits and Eligibility
Employees injured at work in Ohio may be eligible for compensation if their accident occurred within the scope of their employment. Determining your eligibility is based on the Ohio Bureau of Workers’ Compensation laws.
Filing a Workers’ Comp Claim
The severity of your injury can impact the complexity of your claim. We can evaluate what you have been through and what you have lost to determine how to best approach filing your claim.
Navigating the Settlement Process
In terms of benefits, we can help you seek compensation for accident-related medical expenses and lost wages.
Filing a Third-Party Negligence Claim
In some instances, work accidents result from an outside party’s negligence. If that is the situation you are in, we can explain your rights surrounding filing a third-party claim.
Explaining Work-Related Car Accident Claims
While commuting to and from work is not considered within the scope of employment, you may be eligible for benefits after a car accident while traveling for or on behalf of your employer.
If you were injured at work and are looking to obtain benefits, it is important to consider seeking counsel from a Sylvania workers’ compensation attorney. Doing so significantly improves your chances of claim approval, as we will ensure all paperwork is filed correctly and on time.
What Qualifies as a Workers’ Compensation Claim In Ohio?
The majority of Ohio employees are eligible for workers’ compensation benefits if they are injured at work–even if they are partially at fault for the accident. State law requires all employers to carry workers’ compensation insurance to manage accidents and related injury expenses.
However, some individuals may not qualify for benefits. If you are self-employed or are considered a contracted worker, you may be exempt. Additionally, workers’ compensation does not usually cover injuries at work related to fighting, drugs or alcohol, self-infliction, or company policy violations.
An Overview of Workers’ Compensation Benefits
Ohio assigns different types of workers’ compensation benefits based on the severity of a person’s injuries. The most common benefits offered include the following:
Temporary Total Disability (TT)
TT benefits are available to most injured employees who are unable to work for a specific period of time because of their work accident. Employees who qualify for TT have an injury or illness they will recover from and will be able to return to their previous position without accommodations.
Percentage of Permanent Partial Disability (%PP)
%PP benefits are for injured employees who sustain a level of permanent damage. Also known as residual impairment, it compensates employees who sustain less than complete permanent impairment.
Permanent Total Disability (PTD)
PTD benefits are available to employees who sustained an injury or illness at work that they will never recover from. Those individuals may be eligible for lifetime payments, as they will be unable to return to work in any capacity.
In the event you lost a loved one in a workplace accident, your family may qualify for compensation to manage the lost earning capacity.
What Doesn’t Workers’ Compensation Cover?
Per Ohio law, a workplace injury “includes any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment.” The broad language used means that most injuries are covered; however, there are four areas that Ohio does not cover with workers’ compensation benefits.
The first area not covered is psychiatric conditions. The majority of mental health conditions are not compensable under workers’ comp in Ohio. The only exception is if the condition arises from a sexual assault at work.
Physical decline is also not covered. Ohio law excludes workers’ compensation coverage for any injuries primarily deriving from “natural deterioration.” However, proving physical decline can be challenging. If you have had a claim denied on the basis of natural or physical deterioration, you should consult with a Sylvania workers’ compensation attorney.
The third area not covered regards company-related recreational and fitness activities. The most common example is company softball games. If you choose to participate in a recreational event thrown by your company and sign a waiver of the employee’s right to benefits in the event of injury, you will not be eligible for compensation.
The final area of injury not covered by workers’ compensation is pre-existing conditions. An injury has to be sustained at work and during working hours to obtain benefits. However, there are instances where employees’ work environments contribute to worsening conditions, which, in some cases, may be compensable.
Schedule a Consultation With Schaffer & Associates
If you or someone you love has been injured at work, a Sylvania workers’ compensation attorney from Schaffer & Associates can help. We represent clients in Sylvania and throughout the rest of Ohio from our Toledo headquarters.
We are well-versed in Ohio workers’ compensation law and will work to give the best possible chance of recovery. Schedule a free consultation today to learn more about the process or get started on your claim.