Fremont Workers’ Compensation Lawyer

Workplace injuries occur so frequently that an entire body of law was developed for potential plaintiffs to pursue compensate. Despite there being a legal avenue, following the process to obtain the compensation may be confusing.

Both employers and the Ohio Board of Workers’ Compensation could dispute a worker’s claims, and the application process itself might be complex. A knowledgeable personal injury attorney could help guide you through this process and pursue the most positive outcome for you and your family.

If you were injured on the job, your application for workers’ compensation benefits was denied, or you need assistance in applying for benefits, a dedicated Fremont workers’ compensation lawyer may be able to help.

Who is Eligible for Benefits?

To receive workers’ compensation benefits in Ohio, certain standards must be met. The injured party must be a common law employee of the employer.  Independent contractors and other “leased” workers may not be covered by the employer. The employer must also be covered by workers’ compensation law.

The injury or illness must be directly sustained in the workplace.

Accessing an employee’s medical records could provide the link between the illness or injury and the workplace.

Injuries may be minor or could be catastrophic injuries, which require special treatment.

What to Do If a Claim is Denied

Some employers may be motivated to dispute workers’ compensation claims since their premium payments are often related to the number of workers’ compensation benefits claims received.

It may be recommended for injured workers to properly document the events leading to and directly following their accident or discovery of illness. This documentation may aid a Fremont workers’ compensation lawyer in showing the employer had no grounds for disputing the claim.

Many reasons exist for a potential denial of a workers’ compensation claim in Fremont, including:

• A late application
• The applicant provided insufficient detail as to the circumstances surrounding the accident
• The employer disputed that the accident occurred or that the employee was entitled to compensation
• The applicant’s medical records did not align with the information provided in the workers’ compensation application

A knowledgeable workers’ compensation lawyer in Fremont could lead an injured employee’s through potential legal options if their benefits application is denied.

Workers’ Compensation Settlements and Benefits

Workers’ compensation benefits provide financial support for employees who are injured on the job. These benefits are intended to cover medical expenses, lost wages, and other related costs such as rehabilitation or retraining if you are unable to return to your former role. The amount of compensation you can receive depends on the severity of your injury, the extent of your disability, and the laws in your state.

The settlement process for workers’ compensation can be complicated, so many injured workers opt to hire a lawyer to help them navigate the process. A workers’ compensation attorney in Fremont can help outline the two typical types of workers’ compensation settlements: a lump sum settlement and a structured settlement.

Lump Sum Settlement

A lump sum settlement involves the payment of the entire amount owed to the injured worker in one single payment. This type of settlement is often offered when the worker has reached maximum medical improvement (MMI), meaning their condition is unlikely to improve further. A lump sum payment allows the injured worker to receive a substantial amount of money upfront, but it may also limit their ability to pursue additional claims in the future.

Structured Settlement

A structured settlement is paid out in periodic installments over a set period of time. This type of settlement is typically chosen for workers with long-term or permanent injuries who will need ongoing medical treatment and financial support. Structured settlements ensure that the injured worker continues to receive compensation as their medical needs evolve.

Both types of settlements have pros and cons. An experienced workers’ compensation lawyer can help you assess your situation and determine the best option for your long-term well-being. Additionally, workers’ compensation benefits often cover medical expenses, rehabilitation services, and vocational training to help you return to work in a different capacity, if necessary.

Understanding a Denied Workers’ Compensation Claim

One of the most frustrating aspects of the workers’ compensation process is having a claim denied. Insurance companies may reject claims for various reasons, such as insufficient evidence, delays in filing, or disputes regarding the cause of the injury. However, a denial does not mean the process is over. You have the right to appeal the decision, and an experienced Fremont lawyer well-versed in workers’ compensation can guide you through the appeals process.

The first step in appealing a denial is understanding why your claim was rejected, which is typically outlined in the written denial notice from the insurance company.

Common Reasons for Denial and How to Respond

Common reasons for denial include failure to report the injury in a timely manner, lack of sufficient medical evidence, and disputes over pre-existing conditions. Workers’ compensation claims generally require employees to report their injuries as soon as possible, and any delay may result in denial. Additionally, insurers may argue that there is not enough medical documentation to support the claim, or that the injury was caused by a pre-existing condition rather than workplace activities.

However, if a work-related incident aggravated an existing condition, compensation may still be available. An experienced workers’ compensation lawyer can help you to understand the reason for denial, allowing additional steps to strengthen your cases such as gathering additional medical evidence, submitting the required paperwork, or seeking a second medical opinion. If the appeal is unsuccessful at the initial level, you may request a hearing before a workers’ compensation board or commission, where an administrative law judge will review your case and make a final ruling. Look into working with a workers’ compensation attorney in Fremont to help guide you through the appeal of a denial.

Types of Workplace Injuries

Workplace injuries can occur in many forms, and their severity can range from minor to life-threatening. Understanding the types of injuries that are typically covered by workers’ compensation is crucial when pursuing a claim. The following are common types of workplace injuries:

• Slip and Fall Injuries: These injuries occur when an employee slips or trips on a hazardous surface, such as wet floors, uneven ground, or poorly lit areas. Slip and fall injuries can result in sprains, fractures, head injuries, or back problems.
• Overexertion Injuries: Overexertion injuries typically occur from lifting heavy objects, repetitive movements, or poor ergonomics. These injuries often involve the muscles, joints, tendons, and ligaments and can result in chronic pain or disability.
• Repetitive Stress Injuries (RSIs): Repetitive motions such as typing, lifting, or twisting can cause long-term damage to the muscles and joints. Common RSIs include carpal tunnel syndrome, tendonitis, and bursitis.
• Construction Injuries: Workers in construction and manual labor jobs face a high risk of injury. These can include falls from scaffolding, equipment malfunctions, being struck by falling objects, or exposure to hazardous materials like asbestos.
• Vehicle Accidents: Employees who drive as part of their job, such as truck drivers, delivery drivers, or sales representatives, are at risk of being involved in vehicle accidents while on the job. Injuries from these accidents can range from minor to severe.
• Workplace Illnesses: In addition to physical injuries, workers may be exposed to hazardous substances that can lead to long-term illnesses such as respiratory conditions, skin diseases, or cancer. Occupational diseases are often covered by workers’ compensation.
• Psychological Injuries: Mental health injuries, including stress, anxiety, or post-traumatic stress disorder (PTSD), can also be covered by workers’ compensation if they are caused or aggravated by the work environment.

These types of workplace injuries should be addressed quickly and efficiently. Contacting a work injury lawyer in Fremont today can be a good place to start.

Independent Medical Examination in Fremont (IME)

An Independent Medical Examination (IME) is an evaluation conducted by a doctor who is not involved in your treatment but is hired by the insurance company or employer in Fremont. The purpose of the IME is to assess the severity of your injury, determine whether it is work-related, and evaluate your prognosis. The insurance company may request an IME if they believe there is doubt about the extent of your injury or its connection to your job.

While IMEs are a common part of the workers’ compensation process, they can be a contentious aspect of your case. The doctor performing the IME is typically chosen by the insurance company, which means they may not have your best interest at heart. It’s essential to be prepared for the IME and to understand that the doctor’s opinion will play a significant role in determining your claim’s outcome.

To protect yourself during the IME, it’s essential to have experienced legal representation, like a workplace injury attorney. Our workers’ compensation attorneys in Fremont can help ensure that the IME is fair, that your medical history is accurately represented, and that the doctor considers all relevant information when making their evaluation.

Downsides of Workers’ Compensation

Much as they may benefit injured employees in many ways, there are some potential downsides to workers’ compensation benefits. The amount awarded may not always cover the full extent of the damages sustained. This could result in unattended medical bills or a loss of wages that negatively impact a family’s financial situation.

An experienced Fremont workers’ compensation attorney may suggest the injured party directly sue the employer if they feel additional workers’ compensation damages could be awarded. Accepting workers’ compensation benefits could mean that the injured party no longer has the right to sue the employer for the accident or workplace hazard, so it may be important for injured workers to talk with a legal representative and decide whether benefits should be accepted.

Talk to a Compassionate Fremont Workers’ Compensation Lawyer

If you were injured in the workplace, contact a Fremont workers’ compensation lawyer early in the process to evaluate your options. A seasoned lawyer could help you understand and complete the application and understand what benefits may be available under the workers’ compensation system, as well as those that may be available through the general legal system.

Strong legal representation could allow you to make an informed decision regarding how to proceed. If your employer has disputed your workers’ compensation claim, or if the Ohio BWC has denied your application, call today to schedule a consultation and see what legal options may be available to you.