Legal Fees for Workers’ Compensation Claims: What Workers in Ohio Need to Know

If you have been injured on the job in Ohio, there are several important decisions you need to make promptly. One of these decisions is whether to hire a Columbus workers’ compensation lawyer to represent you. Is it worth hiring a lawyer to represent you? If so, what can (and should) you expect from your legal representation?

To be clear, if you have a workers’ compensation claim in Ohio, you are not legally required to hire a lawyer. You are free to handle your claim on your own if you choose to do so. But, before you try to handle your claim on your own, it is important to make sure you understand two key aspects of filing a claim for benefits:

• The process (and potential challenges) involved in filing for workers’ compensation in Ohio; and,
• The total workers’ compensation benefits you are entitled to recover under Ohio law.

Taking these aspects of your claim into account, it is not hard to see why many injured workers choose to hire a Columbus workers’ compensation lawyer to file for benefits on their behalf. Not only is the process challenging, but you also have a lot at stake if you have suffered a serious job-related injury. When you also take into account the fact that workers’ compensation lawyers typically represent injured workers on a contingency fee basis, it is clear that seeking legal representation is the right choice in the vast majority of cases.

How Contingency Fees Work in Workers’ Compensation Cases in Ohio

We will begin by discussing how contingency fees work in Ohio workers’ compensation cases. As we said above, workers’ compensation lawyers typically represent their clients on a contingency fee basis. So, what does this mean for your claim?

The short answer is that, with contingency fee representation, you only pay if you win. But, in workers’ compensation cases, there is slightly more to it—and this is a good thing for injured workers. Here’s what you need to know:

• Medical Benefits – If you have a workers’ compensation claim, you should not have to pay any legal fees related to your medical benefits. These benefits will be paid directly to your healthcare provider, and 100 percent of the medical benefits you receive will go toward paying for your diagnosis and treatment.
• Disability Benefits – If you are entitled to disability benefits for your work injury, your lawyer’s contingency fees will be calculated as a percentage of the disability benefits your lawyer helps you recover. However, in contested workers’ compensation cases, legal fees are capped under Ohio law.

In short, you will not have to pay any legal fees unless your workers’ compensation claim is successful (this is the “contingency” aspect of contingency fee representation); and, if your claim is successful, your legal fees will only be deducted from your disability benefits—not your medical benefits. If your lawyer is not able to help you secure workers’ compensation benefits for any reason, then you will owe nothing for your legal representation.

This is why you will often hear workers’ compensation lawyers advertise, “No recovery, no fee.” With contingency fee representation, you only pay if you win.

What to Expect from Your Columbus Workers’ Compensation Lawyer

Let’s say you decide to hire a Columbus workers’ compensation lawyer to represent you. What will you get for your money (if your claim is successful)? Here is what you can (and should) expect from your lawyer when you need help after suffering a job-related injury:

Conducting a Prompt and Thorough Assessment of Your Legal Rights

One of your lawyer’s first priorities will be to conduct a prompt and thorough assessment of your legal rights. This is important for a couple of reasons.

First, before you put time and effort into filing for workers’ compensation, you need to make sure you are eligible to do so. If you don’t qualify for benefits, there is no reason to file a claim. On the other hand, if you do qualify for benefits, then filing a claim could be essential for your physical recovery and your financial stability.

Second, regardless of whether you qualify for benefits, filing a workers’ compensation claim might not be your only option. For example, you could also have a personal injury claim—and, if you do, you may be entitled to far more than you can recover through Ohio’s workers’ compensation system.

Taking Prompt Action to Protect Your Legal Rights

Protecting your legal rights after an accident on the job requires prompt action. If you don’t take the steps necessary to preserve your claim (or claims), you won’t be able to recover the financial compensation you deserve. An experienced Columbus workers’ compensation lawyer will be intimately familiar with the steps involved in protecting injured workers’ rights and will be able to quickly take these steps on your behalf.

Collecting the Evidence Needed to Pursue Your Workers’ Compensation Claim

Even though workers’ compensation is a “no-fault” system in Ohio, you will still need evidence that proves you are eligible for benefits. Your lawyer will be able to collect the evidence you need. Not only that, but your lawyer will also be able to preserve the available evidence so that it remains legally admissible in Ohio state court if necessary. For example, if your employer disputes whether you were injured on the job, you will need to be able to prove where and when you got injured in order to secure the benefits you deserve.

Determining What Benefits You Are Entitled to Recover

Speaking of the benefits you deserve, your lawyer will also be able to assist with determining what benefits you are entitled to recover. While workers’ compensation benefits broadly fall into two categories—medical and disability—there are several different types of disability benefits under Ohio law. In order to file a successful claim for disability benefits, you need to know whether your injury qualifies as “temporary” or “permanent,” as well as whether your condition qualifies as a “partial” or “total” disability.

But, even that is just the beginning. Once you know the type (or types) of disability benefits you are entitled to receive, then you need to accurately calculate the benefits you are rightfully owed. While this is predominantly based on your weekly income, other factors (including maximum weekly benefit amounts) can come into play as well.

Dealing with Your Employer and the Ohio Bureau of Workers’ Compensation (BWC)

Collecting workers’ compensation benefits in Ohio isn’t simply a matter of filing a claim. Employers routinely dispute their employees’ claims for benefits, and the Ohio Bureau of Workers’ Compensation (BWC) could raise a variety of issues with your claim as well. When you hire a lawyer to represent you, your lawyer will be able to deal with your employer and the Ohio BWC on your behalf throughout the claim process.

Documenting Any Issues with Your Claim or Your Benefits

In some cases, collecting workers’ compensation benefits involves going to court. If you need to take your claim to court, you will need documentation of the issue (or issues) that led to your wrongful denial of benefits. Your lawyer can collect this information during the claim process so that he or she can take formal legal action on your behalf promptly if necessary.

Taking Formal Legal Action if Necessary

If you are entitled to workers’ compensation benefits and you hire a lawyer to represent you, there is a reasonably good chance that your lawyer will be able to help you secure the benefits you deserve without going to court. However, if taking formal legal action becomes necessary, you will need a lawyer who is up to speed on your workers’ compensation claim and who is prepared to take appropriate legal action on your behalf.    

So, Is It Worth Hiring a Lawyer to Represent You?

With all of this in mind, is it worth hiring a lawyer to represent you if you have been injured on the job in Ohio?

We believe the answer is a clear, “Yes.”

Work-related injuries can prove very expensive, and while the workers’ compensation system is intended to help protect injured workers, navigating the system successfully can prove very challenging. An experienced lawyer will be able to help you make informed decisions about your legal rights, navigate the system on your behalf, and take additional legal action on your behalf if necessary. Since you can hire a lawyer to do all of this at no out-of-pocket cost, there is no reason not to put an experienced Columbus workers’ compensation lawyer on your side.

Schedule a Free Consultation with an Experienced Columbus Workers’ Compensation Lawyer Today

Do you have questions about hiring a lawyer to help you file for workers’ compensation in Ohio? If so, we strongly encourage you to get in touch. To schedule a free consultation with an experienced Columbus workers’ compensation lawyer at Malek & Malek Law Firm, call 888-444-7440 or request a free consultation online today.