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Workplace Injuries in Ohio
Have you been injured on the job in Ohio? Then contact a Cleveland Ohio workplace injury Attorney who will provide you with the legal services you need to obtain compensation (money for lost wages, medical bills, and disability) for your injuries. In 2018, thousands of workers will suffer fatal and serious injuries on the job. Hospital and doctor bills, time unable to work, and other losses can be recovered with the help of experienced Cleveland Ohio Workers Comp Lawyer Patrick Merrick.
Usually, a work accident in Ohio means that the only course of recover is the Ohio workers compensation laws. However, sometimes it is possible to bring a third-party claim against the non-employer party or individual that caused your accident. It is important that you hire an experienced Ohio workers accident lawyer who understands the rights of recovery under the Ohio workers compensation system.
What is Ohio Workers’ Compensation?
The Ohio workers’ compensation system generally prohibits employees from filing lawsuits against their employer for injuries at work. Also, Ohio law dictates how much compensation the injured worker can receive through the Ohio workers’ compensation system. The Ohio BWC (Bureau of Workers Compensation System) works as a “no fault” system for accidents on the job. This means that as long as the injured worker was not engaging in “horseplay” or intentionally trying to get injured, their claim will be approved. In determining if a claim gets approved and how much recovery/compensation you will get depends on may issues:
What type of injury did you receive (broken bone, sprain, herniated disc, concussion, amputation);
Did your injury arise “out of and in the course of your employment” - meaning were you either on the job or doing something for the benefit of your employer at the time of your accident (ie. not on lunch break or running an errand).
Was yourthe injury the result of an accident or a gradual injury (overuse) or an occupational disease (carpal tunnel syndrome for example)
Since 2017, the laws have changed so that injured workers who used to have 2 years to file a claim for an injury on the job now has that time reduced to 1 year from the date of injury to file the claim.
What Benefits Does the Ohio Workers’ Compensation System Provide to workers hurt on the job?
Unlike damages in a regular negligence lawsuit (for example a car or truck accident), Ohio workers comp compensation benefits are governed by Ohio statute. Also, unlike negligence cases for car and truck accidents, injured workers in Ohio are not entitled “pain and suffering” in their Ohio workers’ compensation claim. However, there is something similar called a percent of disability (c92 application) that allows for compensation based on the permanency of your Ohio work injury).
Some of the types of benefits injured workers in Ohio might be entitled in their workers’ comp case:
Money for not being able to work. The amount you receive is based upon your average weekly wage. For the first 3 months of not working you earn 72% of your “full weekly wage” (this is the average weekly wage you earned for the 5 weeks preceding the accident). After the first 3 months of not working the injured worker receives 66% of their average weekly wage (this is the weekly average the worker earned for the full year preceding the accident).
Money for Medical bills and treatment. An injured worker in Ohio is entitled to medical coverage for their injury (emergency room (ER) visitS, to a hospital admissions,, to doctor visits (including specialists), physical therapy (includes chiropractic treatment,, and medication.
Permanent Disability. Permanent disability is when your injury is not expected to improve, and you may then be eligible for permanent total disability benefits. This means that you are not able to engage in substantial gainful activity (work) ever again.
The Ohio workers’ compensation system is not designed for the typical or average worker to navigate through easily. A worker hurt on the job can lose the right to benefits if they do not have an experienced Ohio workplace injury attorney on their side.
Ohio law permits you to file a lawsuit against a non-employer (third parties) for your on the job Injury
If you are injured on the job in Ohio, it is important to investigate the source or cause of the accident. This means that another party (company, sub contractor) might be responsible for the negligence that caused your accident. They may be responsible for additional costs, damage, and pain and suffering. While pain and suffering is not available as a remedy under Ohio workers comp laws, it is compensable against third parties that caused your accident.
How can a non employer (third party) be responsible for the negligence that caused your accident and injury?
Accidents on the roadways (auto/car and truck crashes). If you are injured in an auto or truck accident while driving for your job, you actually will have 2 claims: 1) an Ohio workers comp claim; and 2) a negligence claim against the at fault party in the vehicle accident.
Suppliers and Manufacturers of products and equipment. If your injury was caused by defective equipment manufactured and/or supplied by a company (not your employer), you may be able to file a lawsuit against them, and still maintain your Ohio workers comp case.
Independent supervisors/managers. If the project where you were injured was managed, supervised, or controlled by an independent party (someone not your employer), you may be able to file a lawsuit for negligence against that third party.
Subcontractors. If your work accident was caused by the negligence of a subcontractor, you may have a claim against them for your Ohio work injury.
Hire Cleveland Ohio Spanish speaking lawyer Patrick Merrick for lawsuits against insurance companies, employers, doctors, and hospitals | En Español | Cleveland | Columbus | Toledo | Youngstown | Lorain | Akron 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012 | www.OhioLawyer4You.com