What is Workers’ Compensation?
Worker’s compensation is a program enacted by the employers to compensate employees when injured on the job. If a person is injured while working, they can ask their employer to pay for any expenses relating to their injury while performing their job’s duties. The compensations may include, but not limited to wages or payment for medical bills arising out of the “on the job” injury. The injured worker should immediately inform their employer if they are injured and fill out the required paperwork. During this process make sure you document the steps you take.
Most employers have specific procedures they follow when one of their employees gets injured at work. For this reason, it is vital for an injured employee to become familiar with the paperwork and any procedures required by the company in the case of a workplace injury. If an injury occurs, time may become critical. The injured employee may not have the time to do the due diligence reviewing the documents and procedures. Although there are some regulations by the federal and state governments governing worker’s compensation claims, in some instances the employers could be released from the liability to the employee, if the wrong paperwork is signed.
During the chaos of the work-related injury, an employee may not have enough time to research their rights and read all the documents presented to them. As most people have a chance of encountering a workplace injury, the easiest step is to examine your rights as set by the state and by the company before an injury occurs. After an injury occurs, the company may demand by its internal policies to sign required paperwork immediately. They can possibly subject the injured party to a drug test and medical examination by the company’s independent medical examiner. This allows little to no time to speak with a workplace injury attorney on your rights. Most companies hire experienced attorneys to protect them and draft their complex documents; therefore, it is best for workers to know their rights before an injury occurs!
What does workers’ compensation provide for an injured party?
Based on the complexity of cases, workers’ comp lawyers often handle work injury claims. If the claim is successful, it may pay your hospital and medical expenses that are required to diagnose and treat your acquired injury. Furthermore, if the worker has to be absent from work, due to their inability to perform work tasks, the employer should compensate the employee for their work absence. Unfortunately, for most cases, the employer only pays a partial salary to the injured employee, but a workplace injury lawyer should be able to help recover the maximum possible compensation based on the individual’s situation.
Why You Should Hire a Workplace Injury Lawyer?
In the case of an unfortunate work injury, often times, an injured person does not have the time to deal with paperwork and the corporation’s lawyers. The paperwork is complicated and typically drafted by attorneys who prepare legal documents for a living. Because of the complexity and technicality of the papers, claims may be denied because of human error or filing errors in the document. If your application is denied, you can still file for an appeal; however, the odds may not be in your favor. The employer may not notify you of any benefits that you may have, but your workers’ compensation lawyer will be able to inspect the complicated documents and inform you of your rights.
If the company agrees to provide wage replacement and medical benefits to employees who received injuries during their employment, the employee will mandatorily relinquish their rights to sue the company for negligence at a later date. In other words, you are giving up any legal rights to pursue any additional compensation from your employer for your injuries. The overall goal is to ensure fairness to the employers so the injured worker does not receive double the benefits for their injuries.
The state will limit the length of time in which you can receive temporary benefits for an injury. Generally, the limitations are set anywhere from 3 to 7 years. If there are permanent work-related injuries, the benefits may reduce once an employee reaches 65 because of their Social Security benefits.
In Ohio, you have two years from the date you became unable to work, or six months from the date your doctor diagnosed you with a work-related condition to file a claim with the Ohio Bureau of Worker’s Compensation (BWC). Once BWC processes the application, they will issue a decision within 28 days of the filing of your claim.
Conclusion
Hiring a workers’ compensation lawyer is highly recommended. Especially since the typical workers’ compensation claim can be very complicated. A knowledgeable and diligent attorney will be able to ensure you follow the correct steps for a workers’ compensation claim in the most efficient way possible to get the most out of your potential benefits.
The attorneys at Steuer, Escovar & Coleman Co. LPA in Cleveland, Ohio have been representing Cleveland workers since 1918. SEC understands the complexity of workers’ compensation law, and they can show an injured employee how to boost your compensation for the personal injury at work.
Were you injured at work or would like to speak to a lawyer about your workplace injury case? Call Steuer, Escovar & Coleman Co. LPA at (216) 771-8121 for a free consultation or visit us on our website.