When Can Construction Workers File Claims for On-the-Job Injuries in Ohio?

Working in construction is one of the most dangerous jobs you can have. Construction workers face a variety of injury risks on a daily basis—and, far too often, these risks leave construction workers suffering from serious, painful, and expensive injuries. For those who have been injured on the job, hiring an experienced Columbus workers’ compensation attorney is a key step in the recovery process.

Workers’ Compensation Benefits Are Available to Employees Who Get Injured On the Job

In Ohio, workers’ compensation benefits are available to employees who get injured on the job. If you are an employee—and many construction workers are employees—you are covered from your first day of work. This means that if you suffer an injury on the jobsite, you can file a claim for benefits. While there are exceptions, they apply only in very limited circumstances.

Some common examples of construction site accidents that can entitle injured employees to workers’ compensation benefits include:

• Accidents involving trucks and other vehicles
• Building and trench collapses
• Crane and lift accidents
• Electrical malfunctions
• Falling and flying objects
• Fires and explosions
• Hand and power tool accidents
• Ladder and scaffolding accidents
• Roofing accidents
• Slips, trips, and falls

These accidents—among many others—can cause various types of serious injuries. Regardless of the specific type of injury you suffered, if you were injured on the job, it will be worth talking to a Columbus workers’ compensation attorney about your legal rights.

5 Important Considerations for Filing a Workers’ Compensation Claim After a Construction Accident

If you were injured on a construction site in Ohio, you will need to be careful to protect your right to workers’ compensation benefits. There are requirements you need to meet to file a claim, and if you skip steps or make mistakes, you might not be able to collect the benefits you deserve. With this in mind, here are five important considerations for filing a workers’ compensation claim after a construction accident:

1. You Should See a Doctor Right Away

First and foremost, you should see a doctor right away. In addition to minimizing the risk of unnecessary long-term complications, this is important for a few key reasons related to your workers’ compensation claim:

• To file a workers’ compensation claim, you will need medical documentation of your on-the-job injury.
• Seeing a doctor promptly will help prove when, where, and how you were injured.
• If you suffered a disabling injury, your medical records will be key to proving that you are entitled to temporary or permanent disability benefits.

Under Ohio law, you have the right to see any doctor of your choosing for your first visit. This means you can go to the emergency room (ER) if necessary or see your regular doctor. In any case, the key is to seek treatment as soon as possible, and you should be sure to tell your doctor that you were injured on the job.

2. You Should Prioritize Your Medical Needs

After your first visit, you should continue to prioritize your medical needs. Importantly, if the doctor you saw for your first visit is not certified by the Ohio Bureau of Workers’ Compensation (BWC), you will need to see a BWC-certified doctor going forward. You can find one using the BWC’s Provider Look-Up Tool.

Here too, getting the treatment you need is important for your health and your legal rights. In Ohio, workers’ compensation benefits cover two types of losses: (i) medical bills related to your on-the-job injury; and (ii) a portion of your lost wages if you are unable to work. If you don’t get the treatment you need, you won’t be able to prove that you are entitled to benefits.

3. It Is Up to You to Prove Your Right to Benefits

Even though Ohio has a state-run workers’ compensation system (although some large companies “self-insure” for workers’ compensation), collecting the benefits you deserve is not easy. As an injured construction worker, it is up to you to prove your right to benefits. Among other things, this means that you must be able to:

• Prove that you suffered your injury on the job;
• Prove that you are an employee who is eligible to file for workers’ compensation; and,
• Prove the medical costs and lost earnings that you deserve to have covered.

From getting the treatment you need to filing your workers’ compensation claim on time, there are several steps you need to take to seek workers’ compensation benefits in Ohio. But even this is just the start of the process. As your claim progresses, you will need to be prepared to respond to questions about your on-the-job accident and your medical needs, and you may need to be prepared to deal with delays, denials, and appeals.  

4. An Experienced Columbus Workers’ Compensation Attorney Can Help

Because of the challenges of obtaining workers’ compensation benefits in Ohio, it is important to have an experienced attorney on your side. Hiring an attorney to help with your workers’ compensation claim costs nothing out-of-pocket.

An experienced workers’ compensation attorney will be able to help you in several ways, including:

• Filing your workers’ compensation claim correctly and on time;
• Seeking the full medical and disability benefits to which you are legally entitled; and,
• Dealing with any issues that arise with your claim on your behalf.

Your attorney will also be able to answer any questions you have about the workers’ compensation process, and, as your claim progresses, your attorney will remain available to provide assistance as needed. As discussed below, if you have a claim outside of workers’ compensation, your attorney will be able to take appropriate legal action on your behalf as well.

5. Fighting for the Benefits You Deserve is Worth It

While there are challenges involved in filing a workers’ compensation claim after a construction site accident, fighting for the benefits you deserve is worth it. The financial costs associated with on-the-job injuries can add up very quickly. Even if you are able to return to work fairly soon, your medical bills could easily be in the thousands (if not tens of thousands) of dollars. If you need to take an extended amount of time off from work, your lost earnings will add up quickly as well.

So, while it can take time to navigate the process, if you have a workers’ compensation claim, you should give your claim the time and attention it deserves. Again, you can hire an attorney to help you, and your legal fees (if any) will be deducted from the benefits your attorney helps you recover.

Filing a Workers’ Compensation Claim Might Not Be Your Only Option

In many cases, construction accidents are the result of someone else’s negligence. If you got hurt on the job because someone else made a mistake, filing a workers’ compensation claim might not be your only option. In this scenario, you could also have a personal injury claim—and, if you do, you could be entitled to compensation above and beyond the benefits you are entitled to receive.

While employees generally cannot file personal injury claims against their employers (provided that their employers participate in Ohio’s workers’ compensation system), they can file personal injury claims against other companies. Depending on the circumstances, this can include companies such as:

• General contractors
• Equipment manufacturers
• Logistics companies
• Material suppliers
• Prime contractors
• Property developers
• Property inspectors
• Property owners
• Subcontractors
• Tool manufacturers

Even these are just examples. If you have a personal injury claim against any company related to your construction site accident, you can seek compensation not only for your medical bills and lost wages, but for your other financial and non-financial losses as well. The financial and non-financial costs associated with serious traumatic injuries can be substantial, and here, too, it costs nothing out-of-pocket to hire an attorney to fight for the compensation you deserve.

What If You Are an Independent Contractor and Not an Employee?

In Ohio (as in most other states), workers’ compensation benefits are only available to employees. They are not available to independent contractors. So, what if you are an independent contractor and not an employee?

If you work in construction and are paid as an independent contractor, there are two key factors to keep in mind. First, even if you are paid as an independent contractor, you may still technically qualify as an employee under Ohio law. Second, if you are truly an independent contractor, you may be able to file a personal injury claim for your on-the-job accident. Either way, it will be worth speaking with an attorney about your legal rights in this scenario as well.

Request a Free Consultation with a Columbus Workers’ Compensation Attorney Today

If you need to know more about your legal rights after a construction site accident in Ohio, we encourage you to contact us. To request a free consultation with an experienced Columbus workers’ compensation attorney, call 888-444-7440 or contact us confidentially online today.