What if You Aren’t Eligible to File for Workers’ Compensation in Ohio?

Under Ohio law, most employees are eligible to receive workers’ compensation benefits when they get injured on the job. But, what if you are an independent contractor instead of an employee? Or, what if your employer has said that you don’t qualify for benefits? In many cases, injured workers will have other options available, and an experienced Columbus workers’ compensation lawyer may be able to assist you with filing a claim outside of workers’ comp.

You Should Confirm Your Workers’ Compensation Eligibility

But, before you decide against filing for workers’ compensation, you should confirm that you are ineligible to file. There are many common misconceptions about workers’ compensation and employment status, and many workers who are eligible to file claims fail to collect the benefits they deserve. You only have a limited amount of time to file—and even if you wait too long because you were relying on bad information, you won’t be able to collect benefits once the deadline expires.

Options if You Aren’t Eligible for Workers’ Compensation

For now though, let’s assume that you are ineligible to file for workers’ compensation benefits. What options do you have available? Depending on how you got injured, how long you have been employed and various other factors, your options may include:

• Filing a Personal Injury Claim – If you are ineligible for workers’ compensation, this means that you may be able to file a personal injury claim against your employer. This requires proof of fault (unlike filing for workers’ compensation), but it allows you to recover full compensation for your injury-related losses.
• Filing a Premises Liability or Product Liability Claim – If you were injured on someone else’s property or due to a product failure, this could also provide grounds for you to file a lawsuit. Many companies lease their facilities from other businesses, and all types of tools, equipment and machinery have the potential to fail with regular use.
• Filing for Social Security Disability Benefits – Social Security disability benefits are available to qualifying workers who are unable to work due to their job-related injuries. There are two main programs—Social Security disability insurance (SSDI) and supplemental security income (SSI).
• Filing for Other Government Benefits – Many workers in Ohio will qualify for other types of government benefits as well. There are several state and federal programs, and a local lawyer can help you determine if you are eligible to file.

Importantly, even if you are eligible for workers’ compensation, you could still have one or more of these options available—and filing these additional claims could increase the amount of your financial recovery. To make sure you receive maximum compensation for your work-related injury, you should consult with a Columbus workers compensation lawyer right away.

Consult with a Columbus Workers’ Compensation Lawyer for Free

Were you injured on the job? If so, you should speak with a lawyer about your legal rights. To schedule a free, no-obligation consultation with a Columbus workers compensation lawyer at Malek & Malek Law Firm, call 888-444-7440 or request an appointment online now.