Toledo Workers’ Compensation Lawyer

Understanding Workers’ Compensation in Ohio

Workers’ compensation is a crucial system designed to protect employees who suffer work-related injuries or illnesses. In Ohio, this system mandates that employers purchase insurance or provide documentation of self-insurance to cover workers’ compensation benefits. This coverage includes medical expenses, wage loss compensation, and disability benefits, offering vital financial support for injured workers and their families.

At Charles Boyk Law, we understand the complexities of Ohio workers’ compensation laws and the challenges injured workers face. Our dedicated team of experienced personal injury attorneys and paralegals is committed to ensuring that our clients receive the full compensation they deserve. With nearly three paralegals per attorney and a deep bench of law clerks, our firm is uniquely equipped to handle even the most intricate workers’ compensation cases with precision and care. Call today to work with a trusted Toledo workers’ compensation lawyer.

Why Choose Charles Boyk Law for Your Workers’ Compensation Case?

Navigating the workers’ compensation system can be overwhelming, especially when you’re trying to recover from an injury. Employers and insurance companies often dispute legitimate claims, leaving injured workers to fend for themselves. This is where Boyk Law steps in. We provide comprehensive legal support to injured workers, guiding them through every step of the process.

Here are key reasons to choose our firm:

• Experienced Team: Our team consists of highly skilled attorneys, paralegals, and law clerks who specialize in workers’ compensation law. We have successfully handled countless cases, securing fair compensation for our clients. We stay current with Ohio’s evolving workers’ compensation laws, ensuring that we can address even the most complex legal challenges.
• Personalized Service: We recognize that every case is unique. Our attorneys take the time to understand your specific situation and develop a tailored legal strategy to meet your needs. Whether you have a straightforward claim or a complicated case involving multiple parties, we provide the personalized attention necessary to achieve the best outcome.
• Aggressive Advocacy: We fight tirelessly to protect your rights and ensure you receive every benefit allowed by law. Whether negotiating with insurers or representing you in court, we are your staunch advocates. Our commitment to aggressive advocacy means we won’t back down when facing opposition from employers or insurance companies.
• Comprehensive Support: Beyond workers’ compensation claims, our Toledo attorneys explore all possible sources of compensation, including third-party lawsuits, to maximize your recovery. This includes investigating whether your injury was caused by defective equipment, negligence from a third party, or other circumstances that might warrant additional claims.
• Free Consultations: We offer free initial consultations to assess your case and provide you with the information you need to make informed decisions. We understand the financial strain a work injury can place on you and your family, so we aim to provide accessible and empathetic legal guidance.

Your Rights as an Injured Worker in Ohio

Ohio law grants injured workers specific rights when filing a workers’ compensation claim. At The Law Offices of Charles Boyk, we ensure that you fully understand and exercise these rights:

• Independent Medical Exams: You have the right to a quality, independent medical examination to assess your condition accurately. We help ensure that the medical evaluation is conducted fairly and without bias, safeguarding your right to proper medical care.
• Payment of Medical Bills: Your employer’s insurer is obligated to pay all appropriate medical bills related to your injury. This includes doctor visits, surgeries, rehabilitation, medications, and other necessary treatments to facilitate your recovery.
• Access to Records: You have the right to access all your medical and claim records. We assist in obtaining and reviewing these records to build a strong case and ensure no critical details are overlooked.
• Appeals Process: If your claim is denied, you have the right to appeal the decision to the Ohio Bureau of Workers’ Compensation (BWC), Managed Care Organizations (MCO), or the Industrial Commission of Ohio (IC). Our experienced attorneys guide you through the appeals process, preparing compelling arguments to contest any unjust denial.
• Legal Representation: You can represent yourself or hire an attorney to ensure fair treatment throughout the process. Our Toledo attorneys are well-versed in the nuances of Ohio’s workers’ compensation system, providing you with the expertise needed to navigate complex legal procedures.

Filing a Workers’ Compensation Claim in Ohio

If you suffer a workplace injury, even if it’s minor, it’s crucial to report it to your employer immediately and seek medical attention. The claims process begins when the injured worker, medical provider, or employer files a First Report of Injury (FROI) with the BWC. This initial step is critical, as any errors or omissions can affect the outcome of your claim.

Step-by-Step Guide to Filing a Claim:

1. Report the Injury: Notify your employer about the injury as soon as possible. Timely reporting helps establish a clear connection between your job and the injury.
2. Seek Medical Attention: Obtain medical care immediately. Ensure that the healthcare provider is aware that the injury is work-related, so the appropriate documentation is created.
3. File the FROI: Complete the First Report of Injury (FROI) form. This can be done online or by mail. The form requires detailed information about the incident, including the nature of the injury, the date and location of the incident, and the treatment received.
4. Submit Supporting Documentation: Gather and submit relevant medical records, witness statements, and any other documentation supporting your claim.
5. Await the BWC’s Decision: The BWC will review your claim and inform you of its decision within 28 days. They may approve, deny, or request additional information.

At Boyk Law, our experienced Toledo workers’ compensation attorneys guide you through this process, helping you complete the FROI accurately to minimize the risk of denial. We understand that the Ohio Bureau of Workers’ Compensation is not an advocate for injured workers; it operates like a state-run health insurance company, often prioritizing the employer’s interests. Our team ensures that your rights are protected from the outset.

Types of Workers’ Compensation Benefits

Workers’ compensation benefits in Ohio cover various aspects of an injured worker’s needs. The main categories include:

1. Medical Benefits: Coverage for all necessary medical treatment related to the work injury, including doctor visits, surgeries, medications, and rehabilitation. Medical benefits also encompass any future medical care you may require due to the injury, such as ongoing therapy or the need for assistive devices.
2. Wage Loss Compensation: Payments to compensate for lost wages due to the inability to work. This includes:
   1. Temporary Total Disability (TTD): Paid to workers who are temporarily unable to return to work. TTD benefits continue until the worker reaches maximum medical improvement (MMI) or returns to work.
   2. Working Wage Loss: For workers who return to a job that pays less than their pre-injury job due to physical restrictions. This benefit compensates for the difference in wages.
3. Permanent and Total Disability (PTD): Compensation for workers who are permanently and totally disabled due to a work-related injury. PTD benefits are paid for the lifetime of the injured worker, providing crucial financial support for those who can no longer engage in any gainful employment.
4. Permanent Partial Disability (PPD): For workers who sustain permanent impairment but are still able to work in some capacity. The compensation amount depends on the severity and extent of the impairment.
5. Wrongful Death Benefits: Benefits for dependents in the event of a worker’s death due to a work-related accident or illness. These benefits can include payment for funeral expenses and ongoing financial support for the deceased worker’s dependents.

Navigating Denials and Appeals

Unfortunately, many valid workers’ compensation claims are initially denied. Common reasons include inconsistent medical records, untimely filing, or disputes over the nature of the injury. If your claim is denied, you have the right to file an appeal within 14 days of receiving the denial notice.

Our Toledo attorneys at The Law Offices of Charles Boyk are skilled in handling workers’ compensation appeals. We will represent you at hearings before the Industrial Commission, ensuring your case is presented effectively. Additionally, we can assist in cases where a second medical exam is ordered, ensuring that your rights and interests are safeguarded throughout the process.

Common Reasons for Denial and How We Can Help:

• Inconsistent Medical Records: Insurance companies often scrutinize medical records for discrepancies. We meticulously review all medical documentation, working closely with healthcare providers to present a consistent and compelling case.
• Missed Deadlines: Filing a claim or appeal within the designated timeframe is crucial. We manage all paperwork and deadlines on your behalf, ensuring your claim remains valid.
• Disputes Over the Nature of the Injury: Employers may argue that an injury is not work-related. We gather evidence, including witness statements and expert testimony, to establish the connection between your injury and your job.

Exploring Third-Party Claims

In some cases, a third party’s negligence may have contributed to your workplace injury. While workers’ compensation benefits cover medical expenses and a portion of lost wages, they do not compensate for pain and suffering or hold third parties accountable for their actions. If your injury was caused by someone other than your employer, such as a negligent driver, a product manufacturer, or a subcontractor, you may have grounds to file a third-party lawsuit.

Boyk Law’s Toledo workers’ comp attorneys thoroughly investigate every aspect of your case to identify potential third-party claims. By pursuing these claims, we aim to maximize your compensation and hold all responsible parties accountable for their actions. Unlike workers’ compensation claims, third-party lawsuits can result in compensation for pain and suffering, loss of enjoyment of life, and other non-economic damages.

Common Workplace Injuries and Accidents

Workplace injuries can occur in any industry, from construction sites to office environments. Some of the most common workplace accidents and injuries include:

• Slip and Falls: Resulting in sprains, fractures, or head injuries. These accidents are often due to wet floors, uneven surfaces, or inadequate lighting.
• Repetitive Strain Injuries: Such as carpal tunnel syndrome from repetitive motion. These injuries can develop over time due to repetitive tasks like typing, lifting, or using machinery.
• Heavy Equipment Accidents: Including injuries from machinery or tools. These accidents can result in severe trauma, such as crush injuries, amputations, or fractures.
• Vehicle Accidents: Work-related vehicle collisions involving company vehicles. This can include delivery drivers, truck drivers, and employees using their vehicles for work purposes.
• Chemical Exposure: Leading to respiratory illnesses or toxic diseases. Exposure to hazardous substances can result in long-term health conditions like mesothelioma, silicosis, or chemical burns.

Our firm has extensive experience handling a wide range of workplace injuries in Toledo, from minor strains to catastrophic injuries like spinal cord damage and amputations. We work diligently to secure the compensation you need for medical treatment, lost wages, and future care.

Maximizing Your Compensation

At Charles Boyk Law, we understand that workers’ compensation benefits may not fully cover the extent of your losses, especially in cases involving severe or permanent injuries. That’s why we explore every avenue to maximize your compensation. This includes:

• Permanent Partial Disability (PPD) Awards: Compensation for residual impairment resulting from a work injury. We work with medical professionals to accurately assess your level of impairment and secure the maximum award possible.
• Violation of Specific Safety Requirements (VSSR) Awards: Additional compensation if your injury resulted from your employer’s failure to adhere to safety standards. Employers are required to maintain a safe work environment, and failure to do so can result in additional compensation for injured workers.
• Settlements: Negotiating a fair settlement that covers future lost time from work and future medical expenses. Our attorneys are skilled negotiators who strive to reach settlements that adequately reflect the long-term impact of your injuries.

Get in touch with a Toledo workers’ comp attorney to learn more.

Frequently Asked Questions About Workers’ Compensation in Ohio

What Should I Do After Being Injured at Work?
After a workplace injury, seek immediate medical attention and report the incident to your employer as soon as possible. Document the circumstances of the injury and any witnesses. Filing a First Report of Injury (FROI) with the BWC promptly is crucial to initiating your claim.

Who Pays My Medical Bills After a Work Injury?
Your employer’s workers’ compensation insurer is responsible for covering reasonable and necessary medical care for work-related injuries. This includes expenses for surgeries, therapy, rehabilitation, and hospital services.

How Long Do I Have to Be Off Work to Receive Benefits?
You must wait a seven-day period before becoming eligible for wage-loss benefits. If your disability extends beyond seven days, you can start receiving benefits on the eighth day. If you remain off work for 14 days or more, you will also receive compensation for the first seven-day period.

Can I Be Fired While on Workers’ Compensation in Ohio?
While Ohio law does not explicitly prohibit termination during a workers’ compensation claim, it does protect against retaliation. Employers cannot legally fire you solely for filing a workers’ compensation claim. If you believe you have been wrongfully terminated, we can explore potential legal remedies to protect your rights.

What If My Claim Is Denied?
If your claim is denied, you have the right to appeal the decision. The appeals process involves a hearing before the Ohio Industrial Commission, where we can present evidence and argue on your behalf. Our attorneys are experienced in navigating the appeals process and have a strong track record of successfully overturning denials.

Can I Receive Compensation for Pain and Suffering?
While workers’ compensation benefits do not cover pain and suffering, you may be able to pursue a third-party lawsuit if a third party’s negligence contributed to your injury. This type of lawsuit can provide additional compensation for non-economic damages, such as pain and suffering and emotional distress.

How Charles Boyk Law Can Help You

Navigating the workers’ compensation system can be daunting, but you don’t have to do it alone. At The Law Offices of Charles Boyk, we are committed to providing you with the highest level of legal representation and support. Our services include:

• Case Evaluation: Assessing your situation to determine the best course of action. We provide a thorough analysis of your case, identifying all potential avenues for compensation.
• Filing Claims: Assisting with the accurate completion and filing of your workers’ compensation claim to minimize the risk of denial. Our team handles the paperwork, ensuring all necessary documentation is submitted correctly and on time.
• Appeals: Representing you in appeals and hearings to challenge denied claims. If your claim is denied, we prepare a strong case for appeal, including gathering additional evidence and expert testimony if necessary.
• Medical Records: Gathering and reviewing medical records to build a strong case. We work closely with healthcare providers to obtain comprehensive medical documentation that supports your claim.
• Maximizing Compensation: Exploring all potential sources of compensation, including third-party claims and settlements. Our goal is to secure the full range of benefits and compensation available to you under Ohio law.

Case Studies: How Charles Boyk Law Has Helped Injured Workers

Case Study 1: Boyk Law Wins Hard-Fought Battle for Injured Nurse
Our client was a registered nurse who was responding to a ‘Code Blue’ when she tripped over a Doppler plug and fell hard. In her effort to save the life of a patient, her life was changed forever. Her injury left her unable to return to work forever. The fall left her with a severe concussion, four levels of herniated discs in her neck, and a serious psychological condition. She would eventually develop a chronic pain syndrome known as Complex Regional Pain syndrome. We were able to get nearly all of her workers’ compensation conditions allowed. We won both permanent total disability and Social Security disability for her. Eventually, she was diagnosed with many dental injuries because of a medication she was required to take resulted in tooth decay. We lost the hearing and appealed in Common Pleas Court. This turned out in our client’s favor. As we were nearing trial, her employer agreed to a confidential settlement and resolved her entire claim. This allowed for her to plan for her future and remain qualified for the Social Security benefits.

Case Study 2: Man Loses Three Fingers in Table Saw Accident, Wins Big Settlement
While at work, our client was using a table saw without a guard. In an instant, he had severed three fingers on his dominant hand. We were able to get him standard workers’ compensation benefits based on lost wages and medical bills. We filed a Violation of Specific Safety Requirement Claim for the lack of safety guards on the work equipment and filed a lawsuit against the employer. During discovery, we retained an extremely experienced mechanical engineer to give expert testimony. Then, after private mediation, the employer decided to settle all claims for a confidential amount. This left our client with a nest egg for his future and gave him the financial freedom to wait for a better job to appear. Today our client is successfully employed with a much safer desk job.

Case Study 3: Man Falls Through the Roof on His First Day of Work
Our client, a laborer for a metal roofing company, was tearing down an old roof on his first day on the job. The roof was not secure, and he tumbled through the roof to the ground 20 feet below. His entire lower back was fractured, as well as his left wrist and left leg. He was subjected to numerous surgeries in a short amount of time. The initial issue for our client was that his employer did not maintain the required workers’ compensation insurance. We had to file a claim against a noncomplying employer under Ohio laws that allow our client to still receive benefits when the employer has no coverage in force. We won the maximum amount for the safety violation under Ohio law, and we were able to secure Social Security disability and permanent total disability for him. Eventually, at our client’s request, we obtained a confidential settlement of the entire claim so he could receive a lump sum resolution of his case.

Contact Charles Boyk Law for a Free Consultation

If you or a loved one has been injured at work, the experienced Toledo workers’ compensation lawyers at Charles Boyk Law are here to help. We offer free, no-obligation consultations to discuss your case and explore your options for recovery. With offices throughout Ohio, we are ready to fight for your rights and secure the compensation you deserve.

Call us today at 419-241-1395 or contact us online to schedule your free consultation. Let Boyk Law be your advocate in this challenging journey toward justice and recovery.

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Dedicated to Protecting the Rights of Ohio’s Workers