Being injured while at work can be a difficult situation. Not only do you need to make a physical recovery, you have a right to compensation for any time missed at work or disability resulting from the injury.
Many times, simply filing the claim with the necessary medical information is sufficient to get you the benefits you deserve. But far too often, people meet resistance by the Ohio Bureau of Workers Compensation (BWC) or an independent insurance company.
West Unity workers’ compensation lawyers are here to help you to fight for the benefits you deserve. Call today to get in touch with an experienced West Unity personal injury lawyer and start the road to recovery.
Ohio Law Concerning Workers’ Compensation
Ohio Law makes it a requirement that all employers with one or more employees carry workers’ compensation insurance under Ohio Revised Code 4123.01. This protects both employers and employees in case of an accident causing a worker to become injured.
The first step after the accident happens is for the employee to file form FROI-1 and inform their employer of the accident. Ohio Revised Code 4123-3-08.
At this time, the employer either agrees with or rejects the claim of injury. Regardless of the employer’s decision, the next step is to visit the doctor’s office to provide evidence for the claim and determine the total level of disability.
Within 28 days of the FROI-1 being filed, the Ohio BWC must issue an initial decision.
Ohio Revised Code 4123-3-09. If the claim is approved, payments will soon follow.
If not, the decision can be appealed.
The rules for this appeal are contained in Ohio Revised Code 4123-3-18. This appeals process begins at the industrial commission. If this appeal is still not successful, the case may then be heard at the local court of common pleas.
This appeal must be made within 60 days of the original hearing. There are also specific rules for how the appeal must be filed, served, and argued.
West Unity workers’ compensation attorneys are familiar with these rules and represent clients throughout the appeals process from the industrial board through common pleas courts.
Filing a Workers’ Compensation Claim
Any injury that happens while a person is at work that is foreseeable is covered by the workers’ compensation insurance program. This has nothing to do with whether the employer was negligent, simply being injured is sufficient to start the process. It is important to note that the person needs to be injured in the course of their normal duties at work.
Possible benefits for a successful workers’ compensation claim include:
- Medical costs related to treatment of the injury. Most doctors are covered under Ohio law, but be sure to double check.
- Temporary disability. If a doctor decides that their patient is unable to work at all for seven days or more, they may be eligible for 72 percent of their total wages for 12 weeks. This percentage drops to 66 percent after 12 weeks.
- Permanent disability. If a doctor states that their patient is unable to work for the rest of their life, they can also receive a percentage of their weekly earnings.
How a West Unity Worker’s Compensation Attorney Can Help
Whether you have been unable to work for a few weeks or can no longer work for the foreseeable future, West Unity Workers’ Compensation Lawyers are here to help. When a person is injured at work, they should be concentrating on their recovery, not wrangling with paperwork and the courts.
If your claim for benefits has been outright denied or if the examining board has awarded you only a partial benefit package, our attorneys can work with you to appeal your decision and get you the benefits you deserve. Contact our firm today to see how we can aid your fight for fair compensation.