I got hurt on the job.
Do I really need a lawyer?
Work tells me I don’t need an attorney. So what’s the downside if I don’t hire a Workers’ Compensation Lawyer?
The BWC tells me right on their website that they will help me – So why do I need a lawyer?
As you can see on other pages on our website, The BWC and your Employer BOTH have lawyers to represent their positions.
The BWC works to protect the “State Fund” from which compensation and benefits are paid.
Ignore Your Rights & They’ll Go Away!
Ohio Workers’ Compensation Laws are designed to protect injured workers. Workers’ compensation in Ohio is a No-fault law. This means that any time a worker is injured in the course and scope of employment, workers’ compensation coverage may be available. As an example, if you are driving the company truck and fall asleep at the wheel and you sustain an injury you will be covered under Ohio Workers’ compensation. But, if you intentionally drive the company truck into a tree in order to cause self inflicted injury, there is no workers’ compensation coverage. Self inflicted or intentionally caused injuries are not covered.
In order to take advantage of the law, you must protect your rights. As against your employer, Workers’ compensation benefits are usually an employee’s exclusive remedy. This means that, usually, you can seek to receive only workers’ compensation benefits and are barred from suing your employer, even if the injury was the employer’s fault.
However, you may have a claim against other persons in addition to receiving workers’ compensation benefits from your employer. Additionally, in some instances, you may have an additional claim against the employer for an intentional tort. You must consult with an attorney to determine if you may have an intentional tort claim against your employer!
It is essential in any workers’ compensation accident to build a proper foundation under for claim so that you can best protect your rights to receive benefits and other compensation.
If you have been injured on the job, you should immediately tell a co-worker, supervisor, your boss, or the personnel department immediately. Make a written incident report and always ask for a copy. Try to get the names of any co-workers that may have witnessed the incident or who assisted you immediately after the incident.
Your lawyer works for you and has your legal interests at heart. You want someone representing you, not someone who is being paid by “the other guy” whose interests most likely are not the same as your interests.
As with all things legal in nature, in order to take advantage of the benefits available to you, you should take the necessary steps to protect your rights to workers’ compensation benefits.
It is important for you to discuss these benefits and your right to compensation with an experienced certified workers’ compensation specialist attorney. You need an experienced lawyer working for you and not a lawyer who is being paid by your employer or some other third party.
It is essential that you build a proper foundation for your claim. Should you require benefits or compensation over a long period of time do not be afraid to enforce your legal rights and obtain the proper legal help to assist you with your claim.
In order to do accomplish their goals, the BWC and your Employer each have their own separate lawyers.
Now the most important question – Why do they need lawyers when they tell you that you don’t?
It just doesn’t make sense to us. In order to get an even advantage, you need legal representation to protect your rights.
Remember the old saying: “A Lawyer Who Represents Himself Has A Fool For A Client”.
So, without any legal training, how do you think you are going to represent yourself against the trained BWC Lawyers and the trained Employer’s Lawyers?
How do you think you can succeed in getting all the benefits you deserve, when you might not even know what they are or how to fight the lawyers on the other side of the table?
Don’t be fooled into believing that the BWC is truly looking out for your interests. If that was the case, why did they enact a rule to allow the BWC to have you examined every 30 days, if they want, to see about terminating your weekly benefits and/or your medical treatment. Only your lawyer will fight for your right to obtain correct compensation and all the medical care your doctor says you need.
Although the BWC website states that the CSS will respond to general questions in a timely manner and assist you in understanding:
- Your responsibilities in filing a claim
- BWC benefits that may be available to you
- How and when payment is made
- BWC services
- BWC claim processes.
The CSS assigned to your claim by the BWC is not a lawyer and the CSS works for the BWC, not for you!
Gruhin & Gruhin thinks you should retain an attorney at the very start of your BWC claim. We firmly believe that you should retain the services of a Board Certified Workers’ Compensation Specialist! The BWC will only pay for medical treatments you receive from a BWC Certified BWC Medical Provider. So why shouldn’t you be represented by a Board Certified Lawyer Specialist also?
Although many workers’ compensation claims are “medical only” claims, they still entitle the Injured Worker to receive an injury award. Medical only claims are often certified (that is, accepted) the employer and are routinely allowed by the BWC. However, what no one will tell you is that you must apply for the injury award. It is not something that you will obtain without taking specific action.
On the other hand, claims can be contested by either the employer or the BWC. If a workers’ compensation claim is contested, the BWC will refer the matter to the Industrial Commission of Ohio for a hearing. A hearing notice will be provided to the injured worker, the employer, and their authorized representatives. In some cases, a BWC attorney will also appear on behalf of the BWC at Industrial Commission hearings.
If you receive a hearing notice, your claim (or some issue arising under your claim) is being contested. In such instances, Gruhin & Gruhin recommends that you obtain the services of a Worker’ Compensation Certified Specialist to represent your interests. Remember, the Employer and the BWC have attorneys. Don’t go it alone, call Gruhin & Gruhin.
As you can see on other links in our site, The BWC and your Employer BOTH have lawyers to represent their position. You better have one too!
You need a Board Certified Ohio Workers’ Compensation Board Certified Specialist Attorney.
The OhioBWC has its’ lawyers and your Employer has its’ lawyers, so if a workers’ comp claim was really something you could do yourself, why does “the other side” have lawyers?
That fact alone should give you the “heads-up” that you need a lawyer representing you and protecting your right to medical treatment and money awards! And if you are going to pay the same 1/3 contingency fee, why wouldn’t you want a lawyer who is a Board Certified Workers’ Compensation Specialist representing you?
And why does the OhioBWC require that your doctors and medical providers all become BWC Certified Providers? Obviously, to make sure you get the best medical care possible! So, wouldn’t you want an attorney specialist to represent you in your Ohio workers’ compensation claim?
THINK ABOUT THIS! Your family doctor sends you to a specialist when you need complex surgery on your spine. So, wouldn’t you want an attorney specialist to represent you in your Ohio workers’ compensation claim?