A 45-year-old man suffered the amputation of both arms when a device malfunctioned. His arms were surgically reattached. A mechanical engineering expert established that the equipment was negligently designed and manufactured, a Ph.D. economist computed his diminished earning capacity, and a life-care planner delineated the cost of future medical procedures and therapy necessary to maintain the function of his arms.
General Worker’s Compensation Information
What Are Workers Comp Settlements?
A workers’ compensation settlement is an agreement between an injured worker and their employer’s workers’ compensation insurance company. The agreement resolves the workers’ compensation claim. This settlement aims to compensate the worker for any expenses or losses they incurred as a result of a work-related injury or illness.
Typically, a workers’ compensation settlement covers expenses such as medical bills, ambulance rides, lost wages, disability payments, surgery, and future medical treatment. The settlement can take the form of a lump sum payment or a structured payment plan, depending on the terms agreed upon between the parties involved.
It’s important to note that most workers’ compensation settlements are full and final settlements, This means that once the settlement is made, the worker’s workers’ comp claim will be closed. Therefore, if the worker requires more medical treatment or has to take more time off from work because of their injury in the future, they will not be able to receive additional benefits.
Workplace accidents can happen, and for over 40 years injured workers have contacted me to help them with their workers’ compensation settlements. Injured employees are already worried about their medical expenses, future medical care, and providing for their families. That’s difficult enough! Let me take care of your settlement negotiations.
How To Start A Workers Comp Settlement
The workers’ compensation system in Ohio requires an injured worker to file a Settlement Agreement and Application for Approval of Settlement Agreement (C-240). This must be filed with the Ohio Bureau of Workers’ Compensation (BWC).
Workers Compensation Claims Process
When filing for workers compensation, the details of your work injury are very important if you want to receive a fair settlement. The specifics of your work injury will be especially important if you have a workers’ comp hearing. Through my vast experience with the Ohio Bureau of Worker’s Compensation, you will need the follow these guidelines:
- Report the injury or illness to you employer as soon as possible.
- Seek medical attention and keep detailed records of all medical treatments.
- File a workers’ compensation claim with the Ohio Bureau of Workers’ Compensation.
- The bureau will classify the claim as medical-only, or lost time.
- If your workers comp claim is approved, you will receive benefits for medical expenses and lost wages.
- If your workers comp claim is denied, you can file an appeal within 14 days of the BWC’s decision.
- The appeal process may consist of mediation, hearings, and a then a final decision by the Industrial Commission of Ohio.
Settlement Payments
Lump sum settlement
A workers comp settlement can be paid in a lump sum. In a lump sum settlement, the insurance company agrees to pay the injured worker a single, one-time payment to settle the claim. This type of settlement payment is intended to cover all of the worker’s expenses related to the injury, including medical bills, lost wages, and any other costs associated with the injury. Lump sum settlements can be a good option for injured workers who want to receive all of their funds at once, rather than receiving regular payments over time. However, it’s important to note that lump sum settlements are usually final, which means that the worker will not be able to receive any additional compensation for the injury in the future. If you’re considering a lump sum settlement for a workers’ compensation claim, call me and we can discuss what option is best for you. Your workers comp settlement type is important, especially if you anticipate having future medical expenses as a result of your work related injury.
Structured settlement
A structured workers comp settlement is a payment arrangement that provides the injured worker with a series of periodic payments. Structured settlements are commonly used in workers’ compensation cases where the injured worker has long-term, ongoing expenses such as medical bills and lost wages. This payment arrangement is designed to provide the injured with financial stability, by providing a guaranteed stream of income over a specified period of time.
What If Your Claim Is Denied?
If a workers’ compensation claim is denied, the first step is to determine the reason for the denial. This information is usually provided in a denial letter.
Once you understand the reason for the denial, you may have options for appealing the decision, and still obtain workers’ compensation benefits. You have the right to challenge the initial decision and appeal the denial. The appeals process typically involves a hearing where you can present your case, and a judge will decide upon your workers comp claim.
Common reasons for claim denial include missing deadlines or failing to meet eligibility requirements. I know, checking all of the correct boxes can be difficult when you are worried about your health and the financial future of your family. Let me ease your pressure, and help you with your workers compensation case. As a Cleveland workers’ compensation lawyer, I have more than 40 years of experience with workers comp claims, and I will guide you through the complex process.
Common Injuries For Workers’ Comp Settlements
Fractured or broken bones
Injured workers can experience bone fractures or breaks due to falls, accidents, and other workplace incidents. Bone fractures and breaks are very common reasons for filing a workers’ comp claim.
Sciatica and other damaged nerve injuries
Sciatica (pain or numbness in the leg) and other nerve injuries can result from lifting heavy objects or engaging in other physical activities at work.
Low back pain or herniated lumbar disc
Workers who perform repetitive motions, or lift heavy objects, can experience low back pain or herniated discs in their lumbar spine. These are typically the result long-term workplace injuries.
Concussions or post-concussion syndrome
Workers can experience head injuries or trauma that result in concussions or post-concussion syndrome, from falls, accidents, falling objects, or even co-worker altercations at work.
Repetitive motion injuries
Repetitive motions such as typing, opening and closing items, cleaning, or other tasks can cause result in personal injury in the form of carpal tunnel syndrome or tendinitis.
Workplace Illnesses For Workers Comp Settlements
Hearing loss
Workers who are exposed to loud noises in the workplace, such as construction workers or factory workers, can experience hearing loss over time.
Respiratory illnesses
Workers can develop respiratory illnesses from exposure to hazardous materials such as dust, chemicals, and other airborne particles.
Occupational cancers
Workers who are exposed to certain chemicals, such as asbestos or benzene, can develop occupational cancers such as mesothelioma or leukemia.
Skin disorders
Workers who are exposed to certain chemicals, such as cleaners or industrial solvents, can develop skin disorders such as dermatitis.
Keep Track Of Your Health History
You’ve worked hard to achieve goals and build the life you have. A work injury should not be the cause of losing everything your have worked to achieve. If you become injured, it is imperative to keep track of your medical journey. Comprehensive documentation is essential for a successful workers’ comp claim. Document every detail, such as ER visits, hospital stays, follow up appointments, therapy and more. In addition to dealing with the affects of your injuries, you are under a great deal of stress. Let me help! You need to focus on getting well, and I’ll handle your workers comp claim. I have a long history of working with insurance companies on behalf of injured workers, and I’ll Make Them Pay!®
