Can You Get Workers’ Comp for a Weather-Related Injury?
It’s winter in Ohio, and that means that we can expect some bad weather over the next few months. From extreme cold to freezing rain and snow, winter can be a brutal time of year—and this can present some serious risks for people who drive for a living or work outside. In this article, our Columbus workers’ compensation lawyers explain what you need to know if you suffer a weather-related injury on the job.
You Can Get Workers’ Comp for a Weather-Related Injury
As a general rule, you can get workers’ comp for a weather-related injury in Ohio. This is because Ohio has what is known as a “no-fault” workers’ compensation system.
In short, when you get hurt at work, the cause of your injury is irrelevant to your claim for benefits (with a few notable exceptions). If you qualify for workers’ compensation benefits, you can file a claim without the need to prove that your employer is at fault for your injury. So, if your injury is the result of bad weather, you can file a claim just as you could if you got injured due to any other factor beyond your control.
Challenges with Filing a Weather-Related Workers’ Comp Claim
But, while you may be entitled to receive benefits for your weather-related injury, this does not mean that collecting benefits will be easy. All workers’ comp claims present challenges, and you can face some particular challenges when filing a claim for an injury caused by bad weather.
For example, your employer may try to argue that your injury isn’t work-related. In order to be eligible for workers’ compensation benefits, you must get injured “in the course of” your employment. If you cannot prove that you were on the clock when you got injured, this could make it difficult to file a successful claim.
Improving Your Chances of Collecting Benefits for a Weather-Related Injury
With this in mind, what should you do after suffering a weather-related injury on the job? As with all job-related injuries, it is important to file a report with your employer as soon as possible. If you report your injury immediately, this will make it more difficult for your employer to argue that you were already injured when you came to work. You should also write down the names of any co-workers who witnessed the incident, as they may be able to confirm that you got injured on the job.
As soon as you are able, you should also discuss your situation with a Columbus workers compensation lawyer. You will most likely need help with your workers’ comp claim; and, the sooner you hire a lawyer, the sooner your lawyer can get to work on your behalf. Hiring a lawyer costs nothing out-of-pocket, and an experienced workers’ compensation lawyer may be able to help you recover significantly more than you could recover on your own.
Talk to a Columbus Workers’ Compensation Lawyer for Free
If you need to know more about filing a workers’ comp claim for a weather-related injury, we encourage you to get in touch. Call 888-444-7440 or contact us online to speak with a Columbus workers compensation lawyer in confidence as soon as possible.