When a worker is injured on the job, the workers’ compensation system can provide benefits for their medical bills, wage loss, disability, and living maintenance costs. There are a few different types of workers’ compensation claims in Toledo that an injured employee can file, depending on the nature of their loss.
Let a workers’ compensation attorney offer guidance about filing your application if you recently sustained injuries at work or have been diagnosed with an occupational illness. An Ohio lawyer can help you collect supporting information for your claim and work hard to secure all the benefits you are eligible for.
When a Toledo employee files a claim for workers’ compensation, they could qualify for several types of benefits. These benefits are based on the type of loss a worker suffers, as well as the expected duration of the condition. If a worker sustains a complete job-related disability that makes them unable to work temporarily, they can claim total loss benefits for part of their lost earnings until they recover.
When an individual sustains a permanent disablement but can still work to a certain extent, they could receive a percentage of permanent partial disability award from the Ohio Bureau of Worker’s Compensation (OBWC). If their injury or illness is likely to affect them long-term and inhibit them from working at all, the worker could claim permanent total disability benefits to last for the remainder of their life.
Other substantial benefits could be available when someone sustains a work-related injury in Toledo and files a claim for compensation. For instance, the worker can secure payment for their medical bills stemming from their occupational illness or injury. Certain occupational illnesses that force a worker to switch job fields due to the risk of continued toxic exposure may qualify them for compensation for a change of occupation. Families who lose a loved one to a job illness or injury can claim death benefits through the OBWC.
There could be circumstances where a worker’s injuries were caused by the negligence of a third party, meaning someone other than their employer played a role in causing their condition. If someone’s negligence is to blame for a worker’s condition, they could have legal grounds to pursue a third-party personal injury claim for compensation.
Whereas workers’ compensation will only provide for a portion of the individual’s lost wages and give no benefits for damages such as pain and suffering, additional awards could be available in a successful personal injury claim. Workers injured on the job or diagnosed with an illness due to work-related hazards should speak with a Toledo legal professional who can help them determine the types of compensation they could be entitled to.
Almost all companies must carry workers’ compensation coverage in the event an employee is injured. Full-time and part-time workers can both be eligible for benefits. An individual must suffer either an injury that arises from their job duties or an occupational illness developed from a danger at work in order to be considered eligible for workers’ compensation benefits. Common worker injuries include:
An example of occupational illness is when someone develops cancer resulting from continued exposure to a toxin while on the job, such as asbestos.
For an injured worker to receive benefits, they must also show they are an actual employee of the company. If someone is a freelance worker, for instance, and suffers an injury while performing their job duties, they would not be entitled to workers’ compensation coverage. Furthermore, the individual’s injury or illness must be the consequential outcome of their job or the setting they were working in at the time of injury.
Eligibility for workers’ compensation also depends on the timeliness of the individual’s claim. It is usually advisable for a worker to notify their employer of their injury as soon as possible once they become aware of it.
Ohio law provides injured workers a full year from the injury date or date of discovery to file a claim for workers’ compensation. Applications related to illnesses or disabilities developed from occupational hazards are subject to a two-year filing deadline.
As you now know, there are several types of workers’ compensation claims in Toledo. Sometimes, the OBWC may be hesitant to pay out the full benefits owed, and the process can quickly become confusing and complicated.
A lawyer with a thorough understanding of the state’s laws and the process involved can assist you with your claim and advocate for you to recover all benefits owed, either through workers’ compensation coverage alone or with a third-party claim as well. Call now book your confidential consultation with a qualified attorney.
Charles E. Boyk Law Offices, LLC