Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Construction workers face some of the most dangerous workplace settings around and are frequently injured while on the job. In Sandusky, an injured construction worker could have grounds to pursue a claim under the workers’ compensation system.
Under state law, workers that suffer an injury at a construction site could recover monetary benefits. These benefits could help a construction worker afford the medical treatment they need. They also provide compensation for an injured worker’s lost wages while they are too hurt to work.
If you are curious about the process of seeking compensation following a construction accident, an experienced workers’ compensation attorney could help. After reviewing the facts of your situation, a Sandusky construction accident lawyer could walk you through the claims process step by step.
Workers’ compensation benefits are not simply handed out. There is a process for requesting these benefits, and the failure to comply with these rules could result in the denial of a compensation claim.
The process of seeking workers’ compensation benefits begins with you notifying your employer of the injury. This notification is preferably in writing; however, an oral notification could suffice. The courts often consider an employer notified of an accident if your supervisor was present at the time of the injury.
While placing the employer on notice is necessary, a claim only begins once an injured worker files it with the Ohio Bureau of Workers’ Compensation (BWC). Filing the claim involves a single form known as the First Report of an Injury, Occupational Disease, or Death (FROI) form. An injured worker must file this claim within two years of the date of the injury.
Within 28 days of filing the FROI form, an injured construction worker would receive notice of the decision from the BWC. Although a denial is a setback, an accomplished Sandusky construction accident attorney could appeal a denial on your behalf.
Just like with the initial claim, there are strict deadlines for filing an appeal of a claim for compensation. You could appeal by completing an online form or executing the request in writing. Once the notice of appeal is filed, the Industrial Commission notifies a Sandusky construction accident victim and their lawyer of the date, time, and location of the hearing.
This hearing, known as the District Level hearing, would occur within 45 days of the hearing request. The Commission would review transcripts and other evidence before hearing to familiarize themselves with the case. At the hearing, both sides are entitled to present witness testimony and other evidence. Within seven days of the completion of the hearing, the Commission would publicize their decision.
After the District Level hearing, either side has the right to appeal. The second appeal is known as the Staff Level hearing. Following the decision on the staff level, either party may request a final appeal by the full Commission. However, this appeal is not guaranteed. Ultimate, even the final appeal may not end the case, as either party could appeal to have the case resolved in state court.
Filing a claim and appealing a denial are difficult to navigate even with extensive experience. By pursuing a claim without the help of legal counsel, an injured construction worker could jeopardize their potential recovery.
To maximize your odds of recovering benefits following a construction accident, contact skilled legal counsel right away. An initial consultation with a Sandusky construction accident lawyer could answer any questions you have about the claims process.
Charles E. Boyk Law Offices, LLC