Getting hurt on the job can be truly devastating. For some injured workers, a workplace injury can result in a temporary or permanent disability. During that period of disability, the injured worker likely will not be able to work at full capacity. While some injured workers have a partial disability and are able to return to the job on “light duty,” others have a total disability that prevents them from earning any money at all.
Here is where the Ohio workers’ compensation comes in. A person who suffers an on-the-job injury in the Cleveland area may be eligible to obtain workers’ compensation benefits by filing a claim. As you consider your case, the following are five things you should know about your Ohio workers’ compensation claim.
Your Injuries Must Arise Out of the Work You Do for Your Job
In order to be eligible for workers’ compensation benefits, your injury must happen while you are working. For example, if you are driving to work (before your workday actually begins), or driving home from work, an accident that happens during that time period will not make you eligible for workers’ compensation. You have to be engaged in your job at the time of the injury, and the injury must arise out of the course of your employment. Not all accidents that happen on the road are off limits—if a person’s job requires driving for deliveries or other purposes, an accident that happens during that period of driving could make the employee eligible for workers’ compensation.
You Cannot File a Lawsuit Against Your Employer
Workers’ compensation is a no-fault system. Accordingly, even if your employer’s negligence caused your injury, you cannot sue your employer. Likewise, even if your own negligence was the cause of your workplace injury, the workers’ compensation system allows you to seek full benefits.
You May be Eligible for Compensation Even if You Got Hurt in Another State
If you only work occasionally outside of Ohio and your injury happened in another state, you may still be able to file for workers’ compensation benefits under your employer’s insurance. The Ohio BWC has special provisions that allow an extension of sorts for workers who are injured in another state. Even in cases where the worker is routinely out of the state and gets hurt, if the employer has purchased additional insurance to cover this type of claim, the employee may be able to get workers’ comp benefits.
You Will Receive an Answer About Whether Your Claim is Successful Within 28 Days
Once you file your workers’ compensation claim, you will get an answer about whether your claim was approved by the BWC within 28 days.
Even Though You Cannot Sue Your Employer, a Third-Party Claim May be Possible
Although you cannot sue your employer for injuries arising out of their negligence, you may be able to file a third-party claim against another person or entity responsible for your injuries.
Call Me to Discuss Your Workers’ Compensation Claim
The Ohio BWC requirements for seeking compensation can be extremely complicated. You do not want to risk having your claim for benefits denied. I can help to ensure that the claim you submit gives you the best chance for getting the compensation you deserve after your workplace injury.
If your claim for benefits was denied, I can also help you to appeal that decision. When I talk about getting you the compensation you deserve, I mean that I’ll Make Them Pay!® Do not hesitate to call me at 877.944.4373 to discuss your case.
