Filing a Workers’ Compensation Claim After an Industrial Accident in Ohio

Industrial accidents often result in serious and debilitating injuries. If you work as an assembler, welder, forklift operator, quality control technician, or in any other industrial occupation and you were injured on the job, you should talk to an experienced Columbus workmans’ comp lawyer about filing a claim for benefits.

Individuals who work in industrial occupations often face injury risks on a daily basis. In fact, according to the U.S. Bureau of Labor Statistics (BLS), many industrial jobs are among those with the highest injury rates in the country. While companies in all industries have a legal duty to help keep their employees safe, safety failures in industrial workplaces are alarmingly common.

If you work in an industrial occupation and have been injured on the job, you should talk to an experienced Columbus workmans’ comp lawyer about your legal rights.

Why? In this scenario, there is a good chance that you are entitled to benefits. In Ohio, all companies that have employees are required to have workers’ compensation coverage. While there are certain circumstances in which injured employees are ineligible for benefits, in the vast majority of cases, employees can file claims for their on-the-job injuries.

Ohio has a “No Fault” Workers’ Compensation System

Ohio is among the states that have what is referred to as a “no fault” workers’ compensation system. Under this system, you do not need to prove that your employer is responsible for your injury in order to be eligible for benefits. So, while safety failures in industrial workplaces are common, you do not need to prove a safety failure in order to file a claim.

The “no fault” nature of Ohio’s workers’ compensation system also means that you can file a claim even if you accidentally injured yourself. If you made a mistake on the job, you can—and should—talk to a lawyer about filing a claim for benefits. This is an extremely common scenario, and we regularly represent industrial workers and other employees who need to seek benefits in this scenario.

Industrial Workers May Be Eligible for Medical, Disability and Other Benefits in Ohio

If you have a workers’ compensation claim as an industrial worker in Ohio, you may be eligible for multiple types of benefits. To simplify, we’ll break these benefits down into three categories:

1. Medical Benefits

Employees in Ohio who are eligible for workers’ compensation are entitled to medical benefits starting on the day they get injured. Medical benefits cover the costs of treating your on-the-job injury—provided that you see a healthcare provider approved by the Ohio Bureau of Workers’ Compensation (BWC).

You may see any doctor you choose for your first visit. But, after your visit, you must select from the BWC’s list of approved providers.

As a general rule, injured workers in Ohio are entitled to medical benefits until they are ready to return to work on full duty or until they reach their “maximum medical improvement,” or “MMI.” If you reach your MMI and are not fully healed, you may still be entitled to coverage for pain management, therapy, and other forms of ongoing care. This depends on your individual circumstances.

2. Disability Benefits

Your eligibility for disability benefits also depends on your individual circumstances. With this in mind, the general rules are as follows:

• Start Date – Eligible injured industrial workers in Ohio are entitled to disability benefits once they have missed more than seven days from work.
• Retroactive Benefits – If an eligible worker misses 14 or more days from work, the worker is entitled to retroactive disability benefits dating back to the day they got injured.
• Type(s) of Benefits – Injured workers will be on temporary disability initially (either partial or total). If an injured worker is unlikely to be able to return to work (or full duty) for the foreseeable future, the worker may then become eligible for partial or total permanent disability benefits.

Disability benefits are calculated as a percentage of your “average weekly wage,” or “AWW.” Making sure your disability benefits are calculated correctly can be challenging, and this is one of several reasons why it is important to have an experienced Columbus workmans’ comp lawyer on your side.

3. Other Benefits

Along with medical and disability benefits, injured industrial workers will often be entitled to other workers’ compensation benefits as well. Other benefits that may be available to you include:

• Facial Disfigurement – If you suffered a disfiguring facial injury on the job (i.e., due to a chemical burn or severe facial trauma), you may be entitled to additional benefits for your injury.
• Living Maintenance – If you need to undergo rehabilitation before you can return to work, you may be eligible for additional benefits while you are actively participating in your rehabilitation plan.
• Scheduled Loss – If your injury resulted in loss of use of a body part or bodily function (i.e., if you lost your hearing or were forced to undergo an amputation), you may be entitled to additional benefits in this scenario as well.
• Travel Reimbursement – If you need to travel in order to receive treatment for your on-the-job injury, you may be entitled to reimbursement for your travel costs.
• Wage Loss – If you will be forced to take a lower-paying job due to work restrictions related to your on-the-job injury, you may be entitled to long-term wage loss benefits.

Even these are just examples. Once you hire an experienced Columbus workmans’ comp lawyer to represent you, your lawyer will be able to provide a comprehensive assessment of your legal rights. After gathering all necessary evidence, your lawyer will then be able to fight for the full benefits you deserve.

Are You Entitled to Additional Benefits for a Violation of Specific Safety Requirement (VSSR)?

While Ohio has a “no fault” workers’ compensation system, there is one scenario in which your employer’s fault could come into play. If you were injured because your employer failed to comply with a specific safety requirement under Ohio law, you may be entitled to Violation of Specific Safety Requirement (VSSR) benefits.

This is especially important for industrial workers—as safety violations in industrial workplaces are common. VSSR benefits are calculated as a percentage of the benefits an injured worker is otherwise entitled to receive—and this can be up to an additional 50 percent depending on the nature and severity of the violation.

Steps to Take After an Industrial Accident in Ohio

With all of this in mind, if you have been injured in an industrial accident in Ohio, there are some important steps you should take to protect your legal rights. To help maximize your chances of filing a successful workers’ compensation claim, you should:

• Report Your Injury to Your Employer – You should report your injury to your employer promptly. Your employer cannot legally retaliate against you for reporting an accident or filing a claim for benefits.
• See a Doctor (if You Haven’t Already) – If you haven’t already seen a doctor, you should do so promptly. Again, you can see any doctor of your choosing for your first visit (and your first visit only).
• Talk to a Columbus Workmans’ Comp Lawyer – You should also talk to an experienced workmans’ comp lawyer right away. If you are eligible to receive benefits for your on-the-job injury, your lawyer will be able to take all required steps on your behalf.

This is not everything you need to do to protect your legal rights. Importantly, depending on how you got injured, you could have a personal injury claim as well—and this could mean that you are entitled to additional compensation. An experienced lawyer can fully assess your legal rights and help ensure you are not leaving any money on the table.

FAQs: Filing a Workers’ Compensation Claim for an Industrial Accident

Are industrial accidents covered under workers’ compensation in Ohio?

Yes, generally speaking, industrial accidents are covered under workers’ compensation in Ohio. That said, you must be able to prove that you were injured on the job to file a claim for benefits.

How do I file a workers’ compensation claim for an industrial accident?

Filing a workers’ compensation claim in Ohio usually involves dealing with the Ohio BWC. This is a complex (and important) process, so working with an experienced lawyer is strongly recommended.

How can I make sure I receive the full benefits I deserve?

Working closely with an experienced lawyer is the best way to make sure you receive the full workers’ compensation benefits you deserve. It costs nothing out of pocket to hire a lawyer to assist with your claim.

Injured on the Job? Schedule a Free Consultation with a Columbus Workmans’ Comp Lawyer Today

Do you need to know more about filing a workers’ compensation claim after an industrial accident in Ohio? If so, contact us today. Call 888-444-7440 or contact us online to arrange a free consultation as soon as possible.