Cleveland Workers' Compensation Attorney
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Joseph T. Joseph, Jr.
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“The Joseph Law Group and it’s staff were knowledgeable and courteous while handling my case. They stayed in touch with me to see if everything was alright. I highly recommend my family and friends to utilize their services.”
Robert Lawson
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Experienced Workers’ Compensation Lawyers
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.
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 attorney 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.
Workers’ Compensation Claims Are Complicated. Our Cleveland Law Firm Can Help.
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.
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.
Let Our Experienced Attorneys Help You Out
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 raspatory 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. Our 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 experienced handling workers’ compensation cases in Cleveland, Ohio. 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?
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 our Cleveland 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?
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.
Our skilled Cleveland workers’ comp lawyers 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, Ohio, 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.
Types Of Workers’ Compensation Cases We Handle
At Joseph Law Group, LLC, we represent individuals across a wide range of workplace injury claims. A Cleveland workers’ compensation attorney can help injured workers recover benefits when an on-the-job injury prevents them from working or requires medical care. These cases often require proving that the injury happened during the course of employment and that the effects are serious enough to limit work ability. We’ve worked with clients across many industries and injury types and understand how to move a claim forward when delays or denials occur.
Falls At Work: Slip and fall incidents, ladder accidents, or trips on uneven surfaces are common in both office and industrial environments. These injuries can result in broken bones, back injuries, or head trauma that require extended time off.
Repetitive Stress Injuries: Jobs involving frequent lifting, typing, or movement often lead to repetitive motion injuries like carpal tunnel syndrome or tendonitis. These claims are valid when the condition is clearly tied to regular work duties.
Machinery And Equipment Accidents: Employees using heavy machinery or power tools may face crushing injuries, amputations, or burns. Faulty equipment, lack of training, or poor maintenance can contribute to these dangerous accidents.
Transportation-Related Injuries: Delivery drivers, truck operators, and others injured in motor vehicle accidents while on the job may qualify for workers’ compensation. These cases involve establishing that the employee was driving for work purposes when the injury occurred. A Cleveland workers’ compensation attorney can help to validate this.
Exposure To Harmful Substances: Workers in chemical plants, manufacturing, or cleaning services may be exposed to fumes, toxins, or hazardous materials. These exposures can lead to chronic illness or respiratory issues over time.
Construction Site Injuries: Construction sites present unique hazards such as falling objects, electrocution, or scaffolding collapses. We’ve handled claims involving serious injuries where proper safety measures were not followed.
Work-Related Back And Neck Injuries: Lifting heavy objects or sudden movements can cause herniated discs, spinal strain, or long-term pain. These cases are among the most commonly disputed, so medical documentation is key.
Occupational Illness: Injuries don’t always happen in a single incident. Some injuries develop over time, such as hearing loss, lung disease, or stress-related conditions caused by long-term work conditions. These cases often require connecting medical history to long-term job exposure.
Workplace Assault Or Violence: If a worker is injured in a physical altercation or is assaulted while working, the resulting injuries may be covered. These situations can occur in healthcare, retail, or other public-facing roles.
Each of these cases requires attention to detail and strong documentation. We’ve been personal injury lawyers helping injured victims in Cleveland and northeast Ohio since 2003, and we’ve seen how quickly a claim can get delayed without the right approach. Rated by Super Lawyers, our team builds strong, fact-based claims and communicates directly with insurance providers and employers throughout the process. Contact us today for help with your claims.
Reasons Why Claims Are Denied
Workers’ compensation claims are sometimes denied for reasons that don’t always make sense to the injured employee. One of the most common reasons is a lack of timely reporting. If a worker doesn’t inform their employer of the injury right away or misses filing deadlines, the claim may be automatically rejected. That’s why documentation from day one is critical. The moment you are injured, start keeping records.
In other cases, the denial may be based on questions about whether the injury occurred at work. If the injury happened offsite, during a break, or while the employee was not performing a job duty, employers or insurers may dispute the claim. Witness statements, time logs, and job descriptions often become important in these situations.
Medical records also play a major role. If the records don’t clearly support the claim or the provider doesn’t tie the condition directly to the job, benefits may be denied. Choosing a physician familiar with work-related injuries can help make the connection stronger.
Sometimes the employer may argue that the injury was pre-existing or unrelated to work. While pre-existing conditions don’t automatically disqualify a claim, it must be shown that work activities aggravated or worsened the condition. We often see this argument in back, neck, and repetitive stress claims.
If your claim has been denied or you’re unsure what to do next, our team is ready to step in. A Cleveland workers’ compensation attorney from Joseph Law Group, LLC can evaluate the reasons behind the denial and help determine the next steps. Contact us today to discuss your situation and how we can support your recovery.
Call Our Workers’ Comp Lawyers 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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