Workers’ Compensation FAQs
Common Workers’ Compensation Questions
Denman & Lerner Co., L.P.A., has extensive experience as workers’ compensation attorneys in Ohio. You are generally entitled to compensation for any injury or illness that occurs while you are working.
Because this is an area of the law about which there are many misconceptions, it is crucial that you hire a workers’ compensation attorney with specific experience in handling workers’ compensation claims. Our team of work injury attorneys has vast experience handling workers’ compensation claims and appeals both at the administrative and court levels.
These commonly asked questions can help clients determine if their case needs the assistance of a lawyer.
What Should I Do When I Am Hurt On The Job?
1. You must notify your supervisor immediately. If you are a union member, promptly contact your union steward. Mention your injury to any fellow employees that are nearby even if they did not witness the injury.
2. If you are able, you should complete a written accident report with the employer. This is mandatory if required by the employer, but it should be done even if not required by company policy.
3. You must seek medical care immediately. Go either to the company physician or to a doctor of your own choice. Often a local emergency room or urgent care facility is your best choice.
4. You must give the medical provider all of the facts. Make sure that you are being listened to and that the doctor and nurses understand you. Do not guess if you are unsure about a fact.
5. Do not hide any facts about previous injuries or problems. Getting caught in a lie will always hurt more than the truth.
6. You must comply with any requests by the employer for a drug test if it is written company policy and you have been provided a copy of the policy.
7. After you return home, make notes of the names of any witnesses and what they saw or heard and also make a record of all of the people who you told about your injury.
8. You must follow up with medical care in a timely fashion, preferably with a doctor of your choice who has experience with workers’ compensation.
9. If the doctor is going to remove you from work, you should be taken out of work for a period of at least fourteen days if the injury is serious enough to disable you. You must report all periods of disability to the employer in accordance with company policy.
10. Contact an attorney as soon as possible.
What Type Of Injuries Will Ohio Workers’ Compensation Cover?
Ohio workers’ compensation covers nearly any injury that occurs while you are on the job. It can also cover occupational diseases, like carpel tunnel syndrome, that occur over time, even when there is not a specific accident. Also, it may cover injuries that occur over time because of something that you are exposed to at work, like a shoulder injury that occurs over time because of constant overhead reaching.
An experienced attorney can review your case to see if your workers’ compensation can cover preexisting injuries or conditions that are substantially aggravated by a work injury or by exposure to a certain type of work activity that you are doing for your employer.
Can I Receive Benefits So I Can Get Treatment For Depression?
We will fight to help you get your benefits for a psychological condition that you are suffering from when it arises from a physical work injury. However, in order to get benefits from a psychological injury that occurs at work, you must also have suffered a physical injury while on the job.
Will Receive My Lost Wages If I Get Hurt At Work And Cannot Do My Job?
We can help you get lost wages when you are unable to work because of your work injury. In order to receive lost wages, your doctor must complete the proper state forms and your wage rates must be set with the Ohio Bureau of Workers’ Compensation or the self-insured employer. If the proper forms are not completed by your doctor and if your wage rates are not set, you will not get paid. Our lawyers can help make sure you get the lost wages you deserve.
How Long Do I Have To File My Ohio Workers’ Compensation Claim?
You have two years from the date you were injured at work to file your claim. In certain cases, you can file your Ohio workers’ compensation claim within one year of finding out that you have sustained an injury or within two years from the date that you first become disabled due to the work injury. Call the attorneys at Denman & Lerner Co., L.P.A., so you can immediately start your claim. If you fail to start the claim within the proper time limit, you cannot receive benefits for your work injury.
My Claim Has Been Denied By The Ohio Bureau of Workers’ Compensation. What Can I Do?
If your claim has been denied by the Ohio Bureau of Workers’ Compensation, you must contact an attorney immediately. You will have a limited period of time from the date that you receive the notice denying the claim to file an appeal. If you fail to file an appeal within the proper amount of time, you will lose your right to obtain benefits. As a firm, we take pride in being able to win claims for injured workers that were denied by the Ohio Bureau of Workers’ Compensation or a self-insured employer.
I Lost My Claim At The Industrial Commission, And My Attorney Said He Won’t Appeal The Decision. Is There Anything I Can Do?
Yes, there is. Our team routinely appeals cases that are lost by injured workers at the Industrial Commission. The appeal is most often filed in the Common Pleas Court in the county where the injured worker was injured. Most cases that are appealed to Common Pleas Court are either won or settled for a cash settlement. Call us today if you lost your claim at the Industrial Commission of Ohio.
I Have An Old Ohio Workers’ Compensation Claim. Are There Any Benefits I Can Receive If I Am No Longer Getting Treatments?
We are able to quickly look at any old Ohio workers’ compensation claims that you have and determine whether we can get you any benefits from the claim or possibly settle the claim for a cash settlement. In most cases, if a claim is still open, we can work to get you cash benefits for your old workers’ compensation claims.
Does It Cost Me Any Fees Up Front To Hire An Attorney From Denman & Lerner Co., L.P.A.?
No, it does not. The initial consultation is always free and there are no attorney fees paid unless we are able to obtain cash benefits for you. If no cash benefits are obtained, no attorney fees are ever due when we represent you on your claim.