If you’ve been hurt at work, dealing with medical bills, lost wages, and the stress of recovery can feel overwhelming. In such cases, consulting with one of our Bowling Green workers’ compensation lawyers at Charles Boyk Law is crucial to protecting your rights and ensuring you receive the financial help you need.
After a work injury, workers often face numerous challenges. Employers or the Bureau of Workers Compensation will likely assign doctors of their choosing, who may not have the worker’s best interests in mind. There are also second and third opinions, constant delays, and private investigators hired by employers who are trained to find technicalities that could prevent a workers’ compensation claim from being approved. This process is frustrating and can leave workers feeling helpless.
Many people don’t know where to turn after suffering a work injury, especially when their entire life is disrupted. Our mission at Charles Boyk Law is to provide support to injured workers by creating tailored plans to help them recover faster, ensure their bills are paid, help them return to work, and ultimately restore their quality of life.
Unfortunately, if you’ve been hurt on the job and cannot work, you will have to fight against an organized team of doctors, lawyers, and private investigators just to receive enough compensation to cover basic needs, such as food and shelter for your family. That’s where a Bowling Green workers’ compensation lawyer can be a valuable ally. An experienced personal injury attorney will ensure your case is handled properly and will fight to protect your rights.
What Qualifies as a Workplace Injury?
To qualify for workers’ compensation, your injury must be related to your job duties. It’s important to understand what constitutes a workplace injury and what does not.
Workers’ compensation covers injuries and illnesses/disease that occur while you are performing your job. However, a worker does not necessarily have to be injured in the actual performance of work for his employer. Specifically, Ohio Law says that the injury/disease must be received in the course of, and arising out of, the injured employee’s employment. Our workers’ compensation lawyers at Charles Boyk Law have been successful in getting a variety of workplace injuries approved based on this language. There are two main types of workplace injuries:
- Physical Injuries: These include accidents such as falls, being struck by objects, or injuries caused by machinery. If you are injured while performing your job, whether it’s a minor injury like a paper cut or something more serious like a broken limb, it is likely covered by workers’ compensation.
- Occupational Illnesses: Some illnesses are caused by long-term exposure to certain hazards at work. Healthcare workers, for example, are often exposed to contagious diseases, while workers in factories might be exposed to harmful chemicals. Common occupational illnesses include diseases like mesothelioma, asthma, or other lung diseases caused by workplace conditions.
The Work Environment and What It Includes
The Occupational Safety and Health Administration (OSHA) defines the work environment as not just the physical workplace but any location where an employee is performing job-related tasks. This includes your usual workplace (like an office or factory) and offsite locations, such as a client’s office, a construction site, or even a company vehicle.
It’s important to note that the work environment is not limited to just your employer’s physical office. For example, if you’re driving a company vehicle or performing job-related tasks outside of the workplace, you may still be covered by workers’ compensation.
Activities That May or May Not Be Covered
Even activities that seem unrelated to your job can sometimes be covered if they are tied to your employer. For instance, injuries that happen at a company-sponsored event—such as a picnic or holiday party—can qualify for workers’ compensation, especially if the employer is hosting or sponsoring the event.
However, there are exceptions. If you’re engaging in personal activities, even at the workplace, those are generally not covered. Injury from horseplay (playful or silly behavior) is generally not covered by workers’ compensation. For instance, if you get hurt while engaging in pranks at work, the injury likely won’t be eligible for workers’ compensation.
Filing a Workers’ Compensation Claim in Bowling Green
Filing a workers’ compensation claim is the first step toward receiving benefits. Here’s what you need to do:
- Report the Injury to Your Employer: As soon as you are injured, report the injury to your employer. Prompt reporting is important because delays can hurt your chances of receiving benefits. Your employer will then document the injury and may refer you to their company doctor for initial treatment. If the injury is serious, seek medical attention immediately.
- File a First Report of Injury (FROI): After notifying your employer, you need to file a claim with the Ohio Bureau of Workers’ Compensation (BWC). To do so, a form called the First Report of Injury (FROI) needs to be filled out and submitted to BWC. The FROI is the first formal step in the claims process and is critical for ensuring your claim is filed on time and properly documented. You can file the FROI yourself or a workers’ compensation lawyer, or your employer or medical provider may file it on your behalf.
- Wait for the BWC’s Decision: Once the FROI is filed, you can expect to receive a claim number from the BWC. Then, the BWC will evaluate your claim by talking to you, your employer, and your medical team. The BWC has 28 days to either approve or deny your claim.
Having a Bowling Green workers’ compensation lawyer help you complete the FROI is crucial. Our workers’ compensation lawyers at Charles Boyk Law can ensure that all the necessary details are included in the FROI. The following information is especially helpful in increasing your chances of getting the claim allowed: a comprehensive description of your accident, a medical diagnosis for your injury, medical documentation that links the treatment you’ve received to your injury, and information regarding any resulting disability. Even if your claim is denied, our experienced attorneys can help you appeal the decision.
Types of Workers’ Compensation Monetary Benefits in Ohio
Ohio workers’ compensation offers four key types of financial benefits to workers who suffer job-related injuries. Understanding these benefits will help you navigate the process and understand what you are entitled to:
- Temporary Total Disability (TTD): If you are unable to work for 8 or more calendar days due to a work-related injury, you may qualify for Temporary Total Disability benefits. These benefits provide financial support to workers who are temporarily unable to earn wages due to their injury. To qualify, you must not be able to perform any work, even if it’s a different kind of job.
- Permanent Total Disability (PTD): If your injury is so severe that you are unable to return to work in any capacity, you may be eligible for Permanent Total Disability benefits. This is for those who cannot work anymore, either in their current job or any other job. It’s important to provide detailed medical evidence that shows your disability is permanent and total.
- Wage Loss Compensation: Sometimes, a work injury doesn’t stop you from working, but it may limit the kind of work you can do, or it may lower your earning potential due to medical restrictions. In such cases, wage loss compensation can help bridge the gap between your old income and your new, lower-paying job. If you are forced to take a lower-paying job because of your injury, you may be eligible for this benefit. Wage loss compensation can also help if you are unable to find a new job that fits your medical restrictions.
- Permanent Partial Disability (PPD): If your injury doesn’t completely stop you from working but leaves you with permanent limitations, you may qualify for Permanent Partial Disability benefits. An independent medical professional will evaluate your injury and assign a percentage to the disability, which will determine the amount of compensation you are entitled to.
Dealing with Employers, MCOs, or Ohio Bureau of Workers’ Compensation After an Injury
Employers, Managed Care Organizations (“MCOs”), or the Ohio BWC might challenge your medical treatments, question your doctors’ opinions, or create paperwork hurdles to slow down the process of your claim.
To make matters worse, they may have private investigators follow you around, hoping to catch you doing something that could be used against you. Even something as small as walking without a limp when your doctor said you had one can lead to your benefits being canceled.
What Happens if Your Claim is Denied?
Claims are denied for many reasons, even when the worker’s injury is legitimate. If your claim is denied, you have the right to appeal the decision. Common reasons for claim denial include:
- Failure to seek medical treatment promptly after the injury.
- Injury not severe enough to qualify for benefits.
- Disputes over whether the injury is truly work-related.
To appeal a denied claim, you must file with the Industrial Commission of Ohio (IC) within 14 days of receiving the BWC’s decision. The appeal process can be complicated, and having a workers’ compensation lawyer by your side can ensure that your case is presented in the strongest possible way.
Navigating the Appeals Process
If your workers’ compensation claim is denied, you have the right to a hearing in front of the Industrial Commission. The process starts at the district level and may progress to higher levels of appeal. These are administrative hearings and are less formal than courtroom trials, but they still require careful preparation.
You’ll have the opportunity to present additional evidence, such as medical records or testimonies from experts, to support your case. After the hearing, the Industrial Commission will issue a decision. If the decision is still unfavorable, you can further appeal to an Ohio Court of Common Pleas.
Charles Boyk Law Helps Injured Workers
Hand Reattached After Crane Accident
Our client was working as a laborer around a construction site with a crane operator. The crane operator did not have a spotter. The operator was lifting a load when our client’s right hand became entangled and he was lifted off the ground. His hand was nearly severed. Numerous surgeries were required to reattach the hand. Long periods of physical therapy and rehabilitation were incurred. We filed a claim with OSHA for a full investigation and the employer was cited for numerous violations. We were able to recover our client’s medical bills, lost wages, compensation for a safety violation, a permanent partial disability for his pain and suffering, and eventually vocational rehabilitation for him to be retrained.
Widow Received Permanent Total Disability Benefits for Death of Her Fireman Husband
Our client came to us after her fireman husband died of pancreatic cancer. We reviewed all of his medical records, found proof of exposure to cancer-causing agents from his employment records, and then filed for compensation. The fire department fought us at both the district and staff hearing levels. However, we obtained an expert medical opinion linking carcinogen exposure to the pancreatic cancer and won at both levels so the widow could be compensated.
Compensation for Loss of Fingers in Table Saw Accident
Our client was using a table saw without safety guards. He lost 2 fingers and had to undergo extensive rehabilitation to regain some use of his hand. We filed for workers’ compensation benefits for his medical bills and lost wages. We retained a highly regarded safety expert and filed a safety violation claim which resulted in the employer entering into a confidential settlement to settle the entire claim. This allowed our client to take a white-collar job where manual labor was not required.
Working with a Bowling Green Workers’ Compensation Attorney
The workers’ compensation process can be overwhelming, especially when you’re trying to recover from an injury. The workers’ compensation lawyers at Charles Boyk Law can help you navigate this process and ensure that your claim is filed correctly, your medical treatment is managed, and that you receive the benefits you deserve.
If you or a loved one has been injured at work, the experienced attorneys at Charles E. Boyk Law Offices can help. Our team is committed to getting you the financial support you need so you can focus on healing and returning to your life. Call us today or fill out the online form to schedule a consultation. We’re here to help you every step of the way.
