Charles E. Boyk Law Offices, LLC
Whether it is an injury on a job site or a collision in a company vehicle, Ohio’s workers’ compensation laws provide an avenue for a hurt employee to recover compensation for their injuries. However, a workers’ compensation claim can have many nuances and complexities depending on your injury and your place of work.
A skilled Gibsonburg workers’ compensation lawyer may be able to help you through your case. If you have questions, contact a personal injury attorney for the answers you may need.
Ohio Revised Code Chapter 4123, also known as the Workers’ Compensation Act, sets out the procedure for filing a compensation claim in Ohio. According to this statute, most businesses must pay workers’ compensation insurance. These payments are pooled and used to pay out successful claims.
While Ohio used to allow workers two years to file claims for injuries, that law recently changed. Now, in most cases, workers only have one year from the date of the injury to file a claim. An experienced Gibsonburg workers’ compensation lawyer can assist in navigating these laws and in filing the necessary paperwork in time.
A workers’ compensation claim begins with filing a First Report of Injury (FROI) form which outlines the circumstances surrounding the accident and the medical diagnosis of the injury. After the worker files this form, the Ohio Bureau of Workers’ Compensation will review the claim and any relevant medical records before rendering a decision.
Not all claims are successful after being reviewed. A Gibsonburg lawyer who is familiar with workers’ compensation claims may examine an FROI form before filing it to increase the likelihood that it may get approved.
There are many reasons the Bureau of Workers’ Compensation may deny a claim. An influx of workers’ compensation claims can cause an employer’s insurance rates to increase, so it is common for employers to fight for the denial of a claim.
Some common grounds for the denial of a claim include:
Should the Bureau of Workers’ Compensation deny a claim, a worker will only have 14 days to file a formal appeal before the Ohio Industrial Commission. The procedures of the Industrial Commission are strict, and it can be helpful to have a seasoned Gibsonburg workers’ compensation attorney as a guide.
If a workers’ compensation claim is successful, there are a few different types of benefits available. Some damages possible in a standard personal injury lawsuit, including pain and suffering, are not available in a workers’ compensation claim. However, available workers’ compensation benefits could include:
The workers’ compensation process can be lengthy and requires tremendous amounts of paperwork, and a single clerical error or misfiled document could be enough to cost you the compensation you deserve. Contact a Gibsonburg workers’ compensation lawyer to ensure your rights are protected.