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What is Workers’ Compensation?
Workers’ Compensation is similar to filing an insurance claim. An injured worker is not suing his or her employer when filing the initial BWC claim. The Injured Worker claim seeks benefits available through the Ohio Bureau of Workers' Compensation. In the event that an Injured Worker dies as a result of the work injury, death benefits may also be available to the spouse, dependants, and, in some cases, the estate of the Injured Worker who dies on the job.
What steps should I take if I’m injured while working?
The first thing you should do is immediately report the injury to your employer. Describe the incident and every body you injured. If you omit any body part and later need to add it to your claim, you will have a difficult time.
The second thing you should do is seek immediate medical attention to document your history of injury and to obtain a diagnosis of the injury sustained. Make sure that you tell all medical personnel that you hurt yourself on the job and describe the incident and every body you injured. If you omit any body part and later need to add it to your claim, you will have a difficult time. If your employer does not direct you to a medical provider you should proceed to the nearest urgent care facility or a hospital ER.
The third thing you should do is contact Gruhin & Gruhin for legal assistance.
How do I know if I qualify for Workers’ Compensation?
If you are injured in the course and scope of your employment (doing your job) you qualify to file an application for OhioBWC Workers’ Compensation benefits. There is no guarantee that you will receive Workers’ Compensation, but with an attorney your chances for success are increased. If you are injured while intoxicated or due to an illegal substance, or if you intentionally injure yourself, your claim could be denied. You should contact a Certified Workers' Compensation Specialist Attorney to discuss your claim and your legal rights.
What kinds of injuries are covered by Workers’ Compensation?
Almost any kind of injury caused in any location while working can be claimed. An injury or condition that existed prior to your employment cannot be claimed unless it has been aggravated because of yor work activities or work injury. The law in Ohio recently changed as it relates to aggravation claims, you should get the advice of a Certified BWC Specialist Attorney.
As long is your injury is related in some way to the performance of your job, you should be covered by the OhioBWC. You may even be covered if you were injured while traveling for business, running an errand for your place of employment, or even if you were injured at a job-related social event.
What kind of benefits will I receive?
Check out the links on our main workers' comp menu for details of benefits and injury awards to which you may be entitled.
Workers’ Compensation provides for replacement of income, payment of medical costs, and sometimes will provide assistance for job placement if vocational rehabilitation is required after recovery from an injury.
Can I settle my Workers' Compensation claim?
OhioBWC claims may be settled if all parties to the claim agree to a settlement. Before any claim is settled, an Injured Worker should consult with a Certified Workers' Compensation Specialist Attorney. Settling a claim is a final event which closes a for a lump sum of money in exchange for the injured worker giving up his or her right to seek future medical expenses and treatment and any further compensation payments of any type. No party has the right to settle a claim. The worker, the employer, and the Bureau of Workers' Compensation must all reach agreement before a claim can be settled.
Employers and the Bureau of Workers' Compensation are in a much better position than the injured worker to evaluate the economic value of a claim settlement and will always negotiate to their own advantage. Also, the OhioBWC now sends settlement inquiry letters to all injured workers in order to close out claims to save money. Don't settle your claim without seeking legal advice. You need to be on an even playing field or you will wind up a loser!
What if my employer tells me not to file a Workers’ Compensation claim or threatens to fire me if I do?
Such action on the part of the employer is against Ohio. A company cannot retaliate against an employee for filing for Workers’ Compensation.
Can I sue my employer instead of filing for Workers’ Compensation?
No. Workers' Compensation in Ohio is a No-Fault system. Workers’ Compensation law protects your employer from being sued if they pay their OhioBWC workers' compensation premiums for BWC insurance coverage. This coverage is required for all employers with three (3) or more employees. Generally, Workers’ Compensation is the only available coverage option unless you can show the existence of an intentional tort against the employer or unless a third party company or individual caused your injuries and is liable under the general negligence laws of the State of Ohio.
If you were injured on the job but someone else is liable you may be able to collect Workers’ Comp benefits and sue the party responsible for your injury. An attorney who specializes in the field of Workers’ Compensation should be consulted to better understand your rights.
Should I be represented by an attorney?
Gruhin & Gruhin believes that every injured worker should be represented by a Certified Workers' Compensation Specialist. Every BWC claim is unique and you should discuss the details of your claim with a Specialist Attorney because a certified BWC specialist understands the complexities of the OhioBWC Compensation process. Gruhin & Gruhin offers free, no-obligation consultation, by email or phone. Why not take advantage of this free offer to find out the answers to any questions you might have concerning your claim.
With the representation of a certified specialist, you can be assured that your OhioBWC claim benefits will be maximized.
Don't wait until a contested issue arises! Get the right advice from the 'Get-Go'. Gruhin & Gruhin works on a contingency basis. That means that we don't get paid unless you receive your benefits. once Gruhin & Gruhin gets your claim on the right path, we do not charge any attorney fee on your continuing temporary total disability benefits, unless they stop and we need to file motions or attend hearings to get the benefits started again.
If I was receiving Workers’ Compensation benefits and I return to work are there any Workers’ Compensation benefits I am still entitled to?
When an Injured Worker returns to work with restirctions, whether it is the job on which the injury took place or a return to a new job, and receives wages lower than the Average Weekly Wage set by the OhioBWC, wage loss compensation may be paid. Again, as with all compensation, it must be requested.
Are Workers’ Compensation benefits taxed?
Ohio does not tax money awards received from OhioBWC claims. The federal government does not tax OhioBWC compensation benefits.