Workers’ Compensation laws can be very tricky and if you are one of the many people who are requesting either permanent or temporary disability status, then it is important to have a qualified, experienced Ohio Workers’ Compensation attorney on your side. The work injury attorney in Columbus will help you to obtain the benefits that you are entitled to from BWC state fund or private insured employer’s fund.
The other party will have their own attorney to protect their interests, therefore; you should have a workers’ compensation disability lawyer in Columbus, Ohio as well. All workers’ compensation consultations are free. Call today to set up an appointment with one of our experienced workers’ comp lawyers in Columbus Ohio to discuss your workers’ compensation case.
Under the Ohio Workers’ Compensation scheme there are different types of “disabilities” for which one may receive compensation. These are temporary total disability (TTD), permanent partial disability(PPD) and permanent total disability (PTD). Disability in the workers’ compensation world is different from either the federal disability discrimination statute or social security disability. Essentially, workers’ compensation disability means you cannot perform the job you performed when you were injured. It doesn’t necessarily mean you are confined to a wheelchair or you are paralyzed. The overarching point is that Ohio Workers’ Compensation law is nuanced and can be complicated and a workers’ compensation disability attorney in Columbus, Ohio at Malek & Malek can help you with this process.
Whether you are totally disabled or just partially disabled will determine entitlement to benefits. The only way to determine disability and effectively your residual functioning capacity (i.e. your leftover abilities after taking into consideration limitations that arose from physical and/or mental impairments) is through a medical doctor. The doctor will determine what activities are affected by your injury and how much this will affect your daily life. In most cases a partial permanent disability means that you can still work but you will have extensive limitations, such as loss of use, while total disability means that you cannot work due to your disability.
The Ohio Workers’ Compensation system is a no-fault system, meaning that you, the employee, do not have to prove that the employer’s carelessness caused your injury. If you were injured at work, then you have a workers’ compensation claim. Now if the employer fails to follow established safety codes then you may pursue a violation of a specific safety requirement (“VSSR”). This type of claim is especially common-place in the instance of workers falling from roofs without proper safety equipment. The various rule violations are enumerated in the Ohio Administrative Code. In a similar vein, if it is determined that a third-party disregarded certain safety rules, including, for example, texting while driving, or in the work setting, possibly another employee from a different company (e.g. if at a construction site) errantly striking you with a forklift, then you may have a “third-party” lawsuit against this individual/company/insurer. There are many pitfalls
involved in investigating whether you are entitled to workers’ compensation and additional benefits so please contact an experienced workers’ compensation attorney in Columbus, Ohio as soon as possible in order to prevent evidence from being destroyed and to ensure that any additional avenue for benefits for those injured by others breaking rules is not barred by time.
Please let a disability claims attorney in Columbus, Ohio at Malek & Malek help you receive the compensation you are entitled to for your workplace injury.