Charles E. Boyk Law Offices, LLC
Because of the numerous benefits of a Bowling Green workers’ compensation attorney, you need to seriously consider retaining the employ of one if you feel your employer has offered to pay what you think you need because of your on-the-job injury. Even if you have yet to sustain an injury, if your line of work is dangerous, it is important to have the services of an experienced attorney readily available in the event that tragedy strikes while working.
As defined by Bowling Green law and under Ohio law, workers’ compensation is the statewide system by which employees could receive compensation for injuries that they incur in the scope of their employment, regardless of whether it is their fault or another person’s fault.
What differentiates workers’ compensation cases from other personal injury lawsuits is that in workers’ compensation cases, victims could recover regardless of fault. If they fall down because they trip over their own two feet, for example, and it happens during the scope of employment, they could recover for that. In a personal injury lawsuit, they would have to establish fault. For example, in an auto accident case, they would have to show that the other person ran a red light or was speeding and lost control of the car, and as a result of committing a negligent act, the wrongdoer caused their injury.
Under workers’ compensation law, they could recover, but they could not file a lawsuit in court against their employer. There is a small exception as far as an intentional act in which there is a removal of a guard against the employer. Other than that, they may not file a lawsuit under Ohio workers’ compensation against their employer.
There are numerous benefits to a Bowling Green workers’ compensation attorney. However, some of the primary reasons a person seeking workers’ compensation should contact a local workers’ compensation attorney are that a local workers’ compensation attorney knows how to file the workers’ compensation claim and are familiar with victims’ legal options. More importantly, attorneys are going to know the local claims representatives and the local hearing officers. If a workers’ compensation claim is going to be disputed, either the claim as a whole or specific issue in the claim, the hearings are going to be held in front of hearing officers in the part of the state where the person was injured. Typically, if victims sustained a Bowling Green injury, the hearings would normally be held in the Toledo office of the Bureau of Workers’ Compensation. If they had an attorney experienced with all the claims officers, local attorneys could do a much better job of presenting the case, because local attorneys know the specific attitudes, beliefs, and styles of the hearing officers.
What a workers’ compensation lawyer could do that the person would otherwise be incapable of on their own is understand how the system works. The Ohio Bureau of Workers’ Compensation system is a paperwork nightmare. To navigate the workers’ compensation system, victims need an attorney that understands how the system works, how to present a case, and what evidence the hearing officers are going to consider. For example, if a victim is injured in a work-related injury and has a torn meniscus in his or her left knee, the Bureau of Workers’ Compensation is going to order the records for the treatment for the knee. The employer’s attorney is going to get a hold of their pre-existing records and often forces victims to sign a medical authorization.
Opposing attorneys may try to argue that since the victim had knee complaints from five years ago, the left-knee torn meniscus is not linked to the accident. The workers’ compensation attorney could get a report from a victim’s treating doctor and the records from the prior doctor that says to a reasonable degree and with medical certainty based on a review of all of the medical records that the proximate cause of the torn meniscus was the fall that happened within the scope of the victim’s employment. To prove a case, which attorneys have to prove by a preponderance of the evidence, victims are going to need an experienced attorney that understands what evidence is important, how to obtain that evidence, and how to orally argue that evidence at the hearing. If victims go into the hearing and do not know what the standard of proof is or what is and is not going to be considered evidence, they are at a massive disadvantage.
What people should expect when they call a local attorney for help with workers’ compensation matters in Bowling Green is an intake department that retrieves their background information and then refers them to an attorney. The attorney could then talk to them on the phone and get some initial information. If the attorney feels that it is a valid claim, that they could add value to the claim, and that they could help them navigate the system, then the attorney would set up an appointment.
At the initial appearance, the attorney would be there with a specialized workers’ comp legal assistant who only handles workers’ compensation claims. The attorney, the legal assistant, and the client would review the claim, explain all the legal options to the client, and try to brainstorm storm a specific strategy for that victim’s case to maximize the recovery.
The benefits of a Bowling Green workers’ compensation attorney do not stop at the end of a case. A compassionate attorney would see that your needs are taken care of and that you do recieve the amount agreed upon for your injuries. Companys tend to avoid paying out as much as victims need and deserve for their injuries. Because of this, you need to consider working with an attorney who could navigate the bureaucratic nightmare for you and obtain the compensation you need.