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Experienced Workers’ Compensation Lawyers in Cleveland, OH
There are over 91,000 employer-related workplace injuries reported annually in Ohio. While some jobs are inherently more dangerous than others, no one is exempt from the risk of on-the-job injury. Injured workers and their families often face a loss of income and enormous medical bills in the wake of their workplace injury. Fortunately, workers’ compensation benefits are designed to help injured workers in these predicaments.
Workers’ compensation insurance, also known as workers’ comp or workman’s comp, provides medical and compensation benefits for work-related injuries, illnesses, and death. Most employers are required by law to purchase workers’ compensation coverage, which means you should have access to these benefits if you sustained injuries on the job. Unfortunately, in many states, employers or their insurance companies may dispute a workers’ comp claim, delay a settlement, or award an insufficient amount. In Ohio specifically, it is up to the Ohio Bureau of Workers’ Compensation (BWC) to make these judgment calls, but there is still the same possibility of a denied or undervalued claim.
Workers’ Compensation Claims are Complicated – Our Cleveland Law Firm Can Help
Depending on the severity of your injury and the complexity of your case, a lawyer’s intervention may be required to tilt the scales in your favor. If you have received a workplace injury and need to file a workers’ compensation claim, our Cleveland workers’ compensation lawyers at Joseph Law Group are more than willing to assist you in obtaining the full range of benefits you are entitled to under Ohio law. Give our Ohio injury law firm a call today at (216) 522-1600 to schedule a free consultation to discuss your case.
How is Workers’ Comp Different from Personal Injury?
While the claims process for both personal injury cases and workers’ compensation both allow for compensation for injury, they are not at all one and the same. To begin, the workers’ compensation system is reserved specifically for job-related injuries, while personal injury claims are meant for injuries caused by the negligence of another individual.
For example, claimants might file a third-party injury claim against the liable person(s) for injuries sustained from things like motor vehicle accidents or medical malpractice. In addition, a personal injury claim is paid out in a settlement, while a workers’ compensation claim may compensate workers via benefits or a settlement, depending on how the case progresses.
Another major difference between a claim for personal injury and a workers’ compensation claim is that for personal injury, the claimant must prove fault. This means that your case weighs entirely on whether or not you and your attorney can prove that the defendant’s negligent actions led to the accident and therefore, is directly responsible for your injuries. For workers’ compensation claims, you do not need to prove the fault of a third party. All injured workers are entitled to benefits for injuries or illnesses that occurred on the job, whether another party is responsible or not.
At Joseph Law Group, we are not a full-service law firm. We believe that we are better equipped to help our clients when we focus all of our attention solely on Ohio injury claims, whether that be through a personal injury, wrongful death, or workers’ comp claim. Rather than spending time on things like criminal defense or business litigation, each of our dedicated attorneys practice law with the intent to help injured clients obtain maximum compensation for their losses after an injury.
To see if you have a valid claim, please speak with our skilled workers’ compensation attorneys at Joseph Law Group today.
What are Some Common Workplace Accidents?
While certain occupations are especially prone to workplace injury, a worker can be injured in any professional setting, no matter how safe or seemingly accident-proof the environment. For example, while laborers like construction workers may be at a higher risk for serious and catastrophic injuries such as crush injuries or falls from heights, desk workers face their own set of risks, including repetitive motion injuries such as carpal tunnel syndrome.
In general, most workers’ compensation claims result from the following:
- Overexertion
- Slips and falls
- Being struck by an object or equipment
- Malfunctioning machinery or equipment
- Motor vehicle accidents
- Crushing accidents
- Industrial accidents
- Chemical exposure
- Fires and explosions
- Electrocution
- Repetitive motions
In addition to injuries, occupational disease is also covered by workers’ compensation. This means that if a worker was to develop an illness or disease on the job or due to unsatisfactory working conditions, they have just as much of a right to workers’ compensation benefits as those who receive injuries. Common examples of occupational disease include respitory illnesses such as mesothelioma, asthma, pneumonitis, and tuberculosis, as well as certain skin disorders including contact dermatitis, skin cancer, rashes, and other skin infections. Hearing loss is also another common type of occupational condition typically found in those working around loud equipment and machinery. All of these conditions and more should be covered by workers’ compensation insurance.
What to Do if You’ve Been Injured on the Job
The most important thing for an injured worker to do is immediately report the injury to a supervisor, preferably in writing. This is because a written, dated record of the workplace injury improves your chances for getting your workers’ compensation claim approved. There are several types of written documents that are legally acceptable. A Cleveland workers’ compensation attorney can advise on the best reporting method and help prepare any workplace injury forms and statements.
In addition to reporting the work-related injury, seeking prompt medical attention is also critical, even if the injury seems minor. Being treated soon after the injury will allow you to heal faster and dispute any argument by the BWC that your injury was not work-related. For non-emergency situations, some states give employers the right to choose the treating physician. In Ohio, you may choose your medical provider as long as they are a certified provider under the BWC.
Next, you’ll want to consult with a lawyer who specializes in workers’ compensation cases in Cleveland, OH. Even in a relatively uncomplicated situation, it’s always a good idea to consult with an experienced workers’ compensation lawyer like those at Joseph Law Group. Ask for a free consultation to discuss your case, find out whether you are eligible for workers’ compensation benefits, and learn about the process and pitfalls of filing a workers’ compensation claim.
What Workers’ Compensation Benefits Can I Receive in Ohio?
The state of Ohio handles a workers’ compensation case a bit differently than most other states. Rather than going through an employer and their insurer, injured Ohio workers must file their claims with the Ohio Bureau of Workers’ Compensation. The benefits you will receive depend on the severity of your injury and the amount of time it takes you to recover outside of work. These benefits should cover all medical expenses, including any past and future medical treatment required for your injuries.
In addition to payment of medical bills, workers’ comp benefits should also help you recover lost income. Wage loss compensation is meant to reimburse you for any lost wages resulting from your workplace injury. Disability benefits may also be available, including permanent partial disability (PPD), permanent total disability (PTD), temporary total disability (TTD), and social security disability claims. In cases of work-related wrongful death, survivor benefits (also known as death benefits) may be awarded to a family member of the deceased.
When you obtain the legal counsel of the workers’ compensation lawyers at Joseph Law Group, you can rest assured knowing we will help you obtain maximum benefits to pay for medical care and lost wages related to your workplace injury. Our experienced attorneys know what it takes to stand up to the BWC and fight for the compensation you are rightfully entitled to.
How Long Do I Have to File a Workers’ Compensation Claim in Ohio?
Under Ohio law, an injured worker must file a workers’ comp claim within one year from the date of the injury. This statute of limitations also applies to any family member wishing to file for death benefits after the loss of their loved one from a workplace accident.
At Joseph Law Group, our skilled Cleveland workers’ compensation attorneys can help make sure everything is filed properly and within the correct time frame to ensure your workers’ compensation claim is not thrown out.
Why Do I Need a Workers’ Compensation Lawyer?
The workers’ compensation process and the legal system in general can be extremely difficult and complex, especially in Ohio. That is why it is highly recommended that you obtain the help of an experienced workers’ compensation attorney. With the help of a knowledgeable legal team, you can sit back, relax, and focus on recovering while your case is left in the most capable hands.
When you retain the legal services of Joseph Law Group, a top workers’ comp law firm in Cleveland, OH, we will handle every legal aspect of your case while you put all your energy into feeling better. Here are just some of the ways our legal team can make life easier for you:
- Arrange or recommend treatment with the right physicians
- Handle all communications with your employer and their insurance company
- Calculate all medical expenses and lost wages
- Ensure your benefits are paid on time
- Gather evidence and medical records to support your claim
- Negotiate a favorable settlement for your disability
- Represent you at a workers’ comp deposition, administrative hearings, or trial
- Secure testimony from medical experts, vocational experts, financial analysts, and accountants to maximize the value of your claim
- Advise you on a third-party injury claim and other potential benefits
- Obtain statements from friends and family members about your daily activities
- Uncover evidence showing your employer’s history of poor workplace safety
- If your claim is denied, file an appeal with the Ohio Bureau of Workers’ Compensation and Industrial Commission
Obtain fair compensation for your injuries
Call The Cleveland Workers’ Compensation Lawyers at Joseph Law Group Today
If you have been injured on the job, we strongly encourage you to reach out to our Cleveland-based law firm as soon as possible. Our experienced workers’ compensation attorneys can evaluate your claim, offer formal legal advice, and provide relief for a complicated claim process. Plus, we never charge a fee unless you recover compensation! Schedule a free consultation at Joseph Law Group’s Cleveland, OH or Youngstown, OH law office by calling 216-522-1600 today.
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Eliminate Your Worry & Ease Your Mind
The insurance industry is built on the avoidance of making any payments on claims. They see claims as liabilities, and initially deny, defend, and delay a claim to limit that liability and save money for the company. Ultimately, it is the job of the attorneys at Joseph Law Group to advocate on behalf of our clients and to give the insurance companies and adjusters enough reason to pay an amount of money that is fair under all circumstances. When you hire Joseph Law Group to represent your claim, you are getting a full-service team of dedicated attorneys and paralegals who will be committed to pursuing the best outcome for you from day one until trial.
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