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.
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. In many cases, one single accident—such as a fall—may cause the injury. An illness or chronic issue may also develop over time based on the employee’s job function. 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.
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 knowledgeable workers’ compensation lawyer in Fremont could lead an injured employee’s through potential legal options if their benefits application is denied.
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.
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.
Charles E. Boyk Law Offices, LLC