Last updated on August 2nd, 2023
You have the right to compensation if you’re hurt on the job. It’s the law. Unfortunately, you won’t get paid automatically. First, you have to file a claim for benefits. Then, employers and insurance companies may try to skirt the law and give you less compensation than you deserve or force you to return to work too early. That’s why is advisable to hire an Ohio workers compensation lawyer.
They will assess the validity of your claim, gather medical evidence to support your case and handle all the necessary paperwork for filing a claim. They will also represent you during hearings and negotiations. Their goal is to reach the most favorable settlement possible.
You can rely on a workers’ compensation attorney to help you with the following:
Ohio’s workers’ compensation system offers several types of benefits if your claim is approved. These benefits are designed to aid in your recovery and provide income replacement, whether you are recovering or have become impaired.
The key benefits available through this system include:
Your employer must cover all necessary expenses related to your work-related injury or illness. This includes hospital stays, surgeries, physical therapy, medications, or travel costs for attending doctor appointments. Therefore, you need to keep records of all expenses associated with your claim.
If you’re unable to work while recovering from an injury, what you receive will be based on the amount you were earning when you got injured or sick.
Most injured workers return to work within a week after getting injured. However, some workers may be out longer and require temporary benefits for compensation.
If you miss eight or more calendar days of work, you’ll receive temporary total benefits – usually the first type of compensation that will kick in.
For the first 12 weeks, you’ll get 72% of your full weekly wage and 66% (2/3) of your average weekly earnings thereafter. Your benefits will continue until you are deemed healthy and able to work again.
An employer, in some instances, may voluntarily pay an employee’s wages in lieu of temporary total (TT) compensation while the employee recovers – also known as salary continuation.
If you’re approved for a rehab plan, you’ll receive the same maximum payment as you do for TT benefits with a slight increase in the minimum payments. This is called a Living Maintenance (LM) benefit.
Permanent total disability (PTD) payments cover you if you’re permanently disabled and can’t return to work. You’ll receive less money if you’re also collecting Social Security Disability Income (SSDI) payments. You’re entitled to receive PTD payments for life.
Wage loss (WL) benefits are available to workers who return to work after their injury or sickness but in a different role and at a lower wage. The compensation is paid if you secure lower-paying work or are actively seeking work but haven’t found a job yet. WL is paid at two-thirds of the difference between what you previously made and what you make currently.
If your injury or sickness led to a partial and permanent impairment, you’re given a percentage of permanent partial disability (%PP) compensation. The idea behind this benefit is to make up for your loss in earning capacity.
You might liken it to the damages sought in a personal injury lawsuit for pain and suffering. However, you won’t get as much money.
A VSSR benefit covers an employer’s non-compliance with a safety guideline in the workplace that led to an employee’s injury. VSSR is an acronym that stands for “violation of a specific safety requirement.” The penalty assessed equals 15% to 50% of the maximum workers’ compensation award, with the percentage going to the injured worker or their dependents.
Per the state’s Revised Code (ORC) 4123.57(D), an injured worker who contracted pneumoconiosis, asbestosis, or silicosis while working in a coal mine can receive a COA benefit if they are medically advised to change their job to reduce further exposure to coal dust, asbestos, or silica dust.
Police officers and firefighters, per ORC 4123.57(E), are also entitled to this benefit if they are diagnosed with job-related pulmonary disease or cardiovascular disease, defined under ORC 4123.68. This benefit allows them to receive compensation so they can change their job to reduce future exposure to toxic gas, smoke, chemical fumes, and other toxic vapors.
Ohio workers can also receive a one-time award if their injury leads to disfigurement of their face or head.
Dependents of workers killed on the job may apply for a death claim benefit or an accrued compensation benefit. They may also request a lump sum advancement (LSAL) to cover the payment of household bills and family expenses.
If you are the dependent of someone who died from a job-related injury or disease, you’re entitled to receive a death benefit. What you get will depend on what the worker was earning at the time of the fatal accident.
Claims must be filed within one year for injuries and two years for occupational diseases.
An accrued compensation benefit is typically given to a deceased worker’s spouse or child. This benefit represents the unpaid part of the benefit award.
This prepayment benefit covers future compensation to cover the party’s finances and rehabilitation needs.
Injured workers can request the benefit to cover the costs related to emergency repairs, household bills, or school tuition for the worker’s children. It may also cover such things as the installation of a wheelchair lift or the purchase of a van.
An injured worker currently getting PTD or %PP or a surviving spouse receiving death benefits may submit a request.
Employees, in some instances, may request a lump sum settlement (LSS) of their claim. The one-time LSS or partial settlement closes a claim or part of a claim, as defined by the settlement agreement. Partial settlements cover only medical benefits or compensation.
In case you’re unable to return to your occupation, Ohio’s workers’ compensation program offers rehabilitation benefits designed to assist you in finding new employment. These benefits include job placement assistance, retraining for a new career path, provision of tools and equipment, and reimbursement for living expenses during the rehabilitation process.
1. Report the Injury/Condition to Your Employer. To get a workers’ compensation claim approved, you must report your injury to your employer ASAP. After you are injured or when you first discover your work-related condition (such as back pain or carpal tunnel syndrome), tell your employer. Explain the injury or condition and how it was caused.
Typically, your employer will give you certain forms to complete after you talk to your supervisor and the human resources department where you work.
2. Receive Medical Treatment. Once you’ve informed your employer, you should seek medical care immediately. Don’t delay a visit to your doctor, or your injury/condition may worsen, which may cause further health complications.
The doctor you visit should understand how to properly document your therapy for workers’ compensation patients. They can help you fill out the required paperwork you get from your employer.
3. File a First Report of Injury (FROI). Next, you’ll need to submit a first report of injury (FROI) with Ohio’s Bureau of Workers’ Compensation (OBWC). This should be done within two years from the onset of your work-related medical condition or injury or the date you became unable to work. Your doctor or employer may also file an FROI on your behalf.
4. Receive the Claim Number and Wait for a Decision. After the FROI is filed, you’ll receive a claim number from the BWC. During this time, the BWC will assess your claim and, within 28 days, will let you know if your claim is approved or denied.
With very few exceptions, every employee in Ohio must be covered by a workers’ compensation policy through the Ohio Bureau of Workers’ Compensation (BWC). That policy will pay out to cover the medical costs associated with an injury, wages for time off work due to the injury, and settlements for permanent disabilities caused by the injury.
That depends. Remember, a workers’ compensation claim will only cover your medical costs — the emergency room visit and follow-up appointments, for example — along with lost wages from being unable to work. However, if you only miss seven days of work, you won’t see any of that money.
Your compensation for lost wages varies depending on how long you were out and your injuries. If you are classified as having a temporary total disability, you’ll be able to get 2/3 of your weekly wages compensated until you’re well enough to get back to work. If you have a permanent partial disability, you’ll also be able to receive 2/3 of your weekly wages, but only for a set number of weeks based on the percentage of your disability.
You also want to work with an experienced Ohio worker’s compensation lawyer, as they can prevent problems with denial. An Ohio workers’ compensation claim may get denied because of any of the following reasons:
If you receive workers’ compensation, you give up the right to sue your employer for compensation separately. In some cases, you may get more compensation from a lawsuit than from the BWC. You’ll need to carefully consider a potential payout against your costs and the circumstances surrounding your injury; you may want to consult with an experienced workers’ comp attorney before you decide what to do.
Only you and your attorney will be able to answer that question. Sometimes, your workers’ compensation claim doesn’t go the way you think it should. Maybe your employer tries to get you to return to work right away, or you get less money to pay for your bills than you deserve.
Every workers’ compensation claim will have a lawyer on the side of your employer reviewing how best to respond to your claim. Workers’ compensation paperwork can be complicated, and denials happen far too often for incredibly minor reasons.
Dyer, Garofalo, Mann & Schultz have decades of experience with workers’ compensation claims. We’ll handle your claim and fight for the compensation you deserve from the insurance companies. We also handle third-party claims – if you were hurt at work due to the negligence of someone other than your employer, you may still be entitled to compensation. Finally, we’ll help you appeal a denied claim – the process is convoluted and a small technicality may be preventing your claim from going through.
When you’re hurt at work, your first priority should be to get well. You worry about your health and we’ll take care of your legal concerns. We handle workers’ compensation claims on a contingent fee basis, so you never have to pay out-of-pocket for our services. We only get paid if you do.
Contact us online to schedule a free consultation to speak about your case according to the Ohio worker’s compensation laws.
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
This will be the second review I have written. Can not say enough about Mr David Marquis, he has went above and beyond for me with my case. From day one, he has worked very hard for me to ensure that I would get what I was deserved. Also, his paralegals, Amy Smith and Allison was a God send. Whenever I had a question, they would get back with me within minutes.
I would highly recommend you to anyone. Thank you Mr Marquis and your staff for all you have done for me.
After an accident, and being inundated with offers from out-of-town lawyers, I called DGMS, and I am glad I did. They took over and I received a maximum payout very quickly after all the medical was done. Especially, Amy K. who always took my calls, and answered all my questions promptly. Thanks Amy K.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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