Filing a Workers’ Compensation Claim After a Truck Accident in Ohio

Truck drivers who get injured on the job in Ohio may be eligible to file for workers’ compensation. Like all workers, truck drivers’ eligibility depends on whether they are employees or independent contractors. For those who are eligible, filing a workers’ compensation claim is a multi-step process, and hiring an experienced Columbus workers’ compensation attorney is a key first step.

Under Ohio law, many truck drivers in the state are entitled to workers’ compensation benefits when they get injured on the job. Workers’ compensation benefits are available to those who are classified as employees. Trucking companies misclassify their drivers in some cases; so, even if you don’t receive a regular paycheck and a W-2, it will still be worth talking to a Columbus workers’ compensation attorney after suffering injuries in a collision.

Additionally, regardless of whether you are eligible for workers’ compensation, you could have a personal injury claim. Truck drivers can file personal injury claims in many cases, and filing a personal injury claim provides the opportunity to seek damages above and beyond the benefits available through Ohio’s workers’ compensation system. An experienced attorney can help here as well—as long as you get in touch in time.

What to Know About Filing a Workers’ Compensation Claim After a Truck Accident in Ohio

While truck drivers may have various options for seeking compensation after an accident on the road, protecting your rights as an injured worker in Ohio is not easy. With this in mind, here are three key facts to know if you were injured in a truck accident in Ohio:

1. Workers’ Compensation is a “No Fault” System in Ohio

In Ohio, workers’ compensation is a “no fault” system. This means that fault does not play a role in determining injured employees’ eligibility for benefits (with limited exceptions), and this has two key implications for truck drivers who have been injured on the job:

You Don’t Need to Prove Your Employer Was At Fault

First, to file a claim against your employer, you do not need to prove that your employer was at fault in the accident. Your employer is required to pay if it is self-insured; and, if your employer has coverage through the Ohio Bureau of Workers’ Compensation (BWC), the BWC is required to pay without proof that your employer is legally responsible for your injuries.

You Can File a Claim Even if You Were At Fault in the Accident

Second, you can file a claim even if you were at fault in your truck accident. In Ohio, workers’ compensation covers eligible employees who make mistakes on the job. The only exceptions to this are intoxication and intentional injury. If you were drinking and driving, or if you intentionally caused an accident so you could file for benefits, you are not entitled to benefits under Ohio law.

2. Filing for Workers’ Compensation May Not Be Your Only Option

Another key fact to keep in mind is that filing for workers’ compensation may not be your only option. If your truck accident was not your fault, you may have a claim against the at-fault party. When warranted, injured truck drivers can file personal injury claims against parties including:

• Negligent drivers (or their insurance companies)
• Other drivers’ employers
• Truck and component manufacturers

If you have a personal injury claim, you will want to hire an attorney to help you take legal action for one very important reason: Personal injury damages can far exceed the value of workers’ compensation benefits. While your workers’ compensation benefits should cover your medical bills and a portion of your lost wages, personal injury damages can cover all of your lost earnings as well as your pain and suffering, post-traumatic stress disorder, and other financial and non-financial losses.

3. Regardless of Your Rights, It Is Important to Act Promptly

Whether you have a workers’ compensation claim or a personal injury claim (or both), it is important to act promptly after a truck accident in Ohio. This is essential for protecting your legal rights, and waiting any longer than necessary could make it much more difficult to obtain the financial compensation you deserve. Hiring an experienced Ohio workers’ compensation attorney is the first step; schedule a free consultation right away.

The Process of Filing a Workers’ Compensation Claim After a Truck Accident

If you have a workers’ compensation claim for your truck accident, you will need to carefully follow the steps involved in order to collect the benefits you deserve—and, even then, there are no guarantees. This is one of the main reasons why it is important to have an experienced Columbus workers’ compensation attorney on your side. Once you hire an attorney to represent you, your attorney will be able to guide you through all of the key steps, including:

• Reporting and Documenting Your Truck Accident – You should report your truck accident to your employer in writing, and you should do your best to keep as much documentation as possible.
• Making Sure You Seek Treatment from Appropriate Medical Providers – While you have the right to choose your own doctor (or go to the emergency room) for your first visit, after that, you must see approved medical providers for the remainder of your care.
• Submitting Your First Report of Injury (FROI) – Unless your employer or doctor submits one for you, you will need to submit a First Report of Injury (FROI) to start the workers’ compensation process.
• Proving Your Eligibility for Workers’ Compensation Benefits – Even though workers’ compensation is a “no fault” system in Ohio, it is still up to you to prove that you are entitled to benefits for your truck accident.
• Proving How Much You Deserve to Receive (and for How Long) – It is also up to you to ensure that you receive the full benefits you deserve. This includes ensuring you receive the correct benefit amount and that your benefits are not terminated prematurely.

This is just a very brief introduction to the workers’ compensation process in Ohio. An experienced Ohio workers’ compensation attorney at our firm can explain everything you need to know, and we can handle all of the major steps in the process on your behalf.

Grounds to File a Personal Injury Claim and Seek Additional Compensation

While workers’ compensation is a “no fault” system, filing a personal injury claim after a truck accident in Ohio requires proof of liability. Liability can take many forms, and the evidence you need to prove liability can take many forms as well. With this in mind, some of the most common grounds for filing a personal injury claim after a truck accident include:

• Distracted driving (including texting and scrolling social media behind the wheel)
• Speeding, running red lights and other forms of aggressive driving
• Careless driving (including turning in front of an oncoming truck without the right of way)
• Driving under the influence of alcohol, marijuana, prescription medications or other drugs
• Defects in tires, brakes, hydraulic systems and other truck components

In light of the differences between workers’ compensation claims and personal injury claims, you will want to choose an attorney who has experience representing injured workers in both types of cases. Our attorneys handle workers’ compensation and personal injury claims, and we can draw on our experience to fight for the full compensation you deserve.

FAQs: Ohio Workers’ Compensation Claims Involving Truck Accidents

Are truck drivers eligible for workers’ compensation in Ohio?

Many truck drivers are eligible for workers’ compensation in Ohio. Whether you are eligible depends on whether you are an employee or independent contractor. If you are unsure of your eligibility, a Columbus workers’ compensation attorney at our firm can determine if you are entitled to file for benefits.

What should I do if I was injured in a truck accident on the job?

If you were injured in a truck accident on the job in Ohio, you should see a doctor right away. You have the right to see any doctor you choose at this stage. Your next priority should be to speak with an experienced Columbus workers’ compensation attorney about your legal rights.

Do I need to pay a retainer fee to hire a workers’ compensation attorney?

No, you do not have to pay a retainer fee to hire a workers’ compensation attorney. In fact, you do not have to pay anything out of pocket. Workers’ compensation attorneys represent their clients “on contingency,” which means their legal fees are calculated as a percentage of the benefits they help their clients recover.

Injured in a Truck Accident on the Job? Discuss Your Claim with a Columbus Workers’ Compensation Attorney

Were you injured in a truck accident on the job in Ohio? If so, we encourage you to contact us right away for a free, no-obligation consultation. To discuss your claim with an experienced Columbus workers’ compensation attorney as soon as possible, call 888-444-7440 or tell us how we can reach you online now.